Pavai Ammal Vaiyapuri Education Trust Vs. overnment of Tamil Nadu & Ors.
EmailAppeal: S.L.P.(C) Nos.14416-18 of 1994
Petitioner: Pavai Ammal Vaiyapuri Education Trust
Respondent: overnment of Tamil Nadu & Ors.
Apeal: S.L.P.(C) Nos.14416-18 of 1994
Judges: B.P.JEEVAN REDDY & SUHAS C. SEN,JJ.
Date of Judgment: Sep 21, 1994
Head Note:
EDUCATION
MERIT AFFILIATION
College directed to admit student, strictly in order of merit to be determined only and exclusively on the basis of marks obtained in the qualification examination –
Held:
Private body must subject itself to the discipline inherent in affiliation by the University – Unreasonable to presume that fairness is not,inherent in grant of permission to establish and in grant of affiliation.
Held –
Cases Reffered:
Unnikrishnan, J.P. & Ors. v. State of Andhra Pradesh, JT 1993 (1) SC 474 = 1993 (1) SCC 645. (Para 1)
JUDGEMENT:
ORDER
1. Having heard the learned counsel for the petitioner and the learned Additional Solicitor General for the respondents, we are of the opinion that the question of applicability of the scheme in Unnikrishan, J.P. & Ors. V.State of Andhra Pradesh & Ors. (1993 (1) S.C.C.645) to the petitioner-college requires further consideration for which purpose we are posting the Special Leave Petitions for final hearing in November, 1994. We direct that pending further orders status quo shall continue for the current year, i.e., 1994-95.
2. It is, however, directed that the college shall admit students strictly in the order of merit from among those applying to it for admission. The merit shall be determined only and exclusively on the basis of marks obtained in the qualifying examination. This obligation, in our opinion, is inherent in the permission for establishment granted by the Bar Council of India and the affiliation granted by the university. The very fact that the university is admitting this college, private body, to its privileges means that the private body must subject itself to the discipline inherent in such affiliation. It is unreasonable to presume that fairness is not inherent in the grant of permission to establish and more so in the grant of affiliation. Hence, the above direction.
3. The petitioner-college shall prepare a list of candidates applying to it for admission alongwith the marks obtained by them in the qualifying examination as well as a list of the candidates selected by it for admission along with the marks obtained by them in the qualifying examination. Both the said lists shall be submitted within ten days of the finalisation of the admissions to the Bar Council of India, to the Madras University and to the Government of Madras. It shall be open to these authorities to verify the correctness of the said list and if they find that there has been any departure from the direction imposed hereinabove, it shall be open to any of them to bring the same to the notice of this Court.
4. Liberty to mention.
5. The Special Leave Petition shall be posted for final hearing on November 11, 1994.
1. Having heard the learned counsel for the petitioner and the learned Additional Solicitor General for the respondents, we are of the opinion that the question of applicability of the scheme in Unnikrishan, J.P. & Ors. V.State of Andhra Pradesh & Ors. (1993 (1) S.C.C.645) to the petitioner-college requires further consideration for which purpose we are posting the Special Leave Petitions for final hearing in November, 1994. We direct that pending further orders status quo shall continue for the current year, i.e., 1994-95.
2. It is, however, directed that the college shall admit students strictly in the order of merit from among those applying to it for admission. The merit shall be determined only and exclusively on the basis of marks obtained in the qualifying examination. This obligation, in our opinion, is inherent in the permission for establishment granted by the Bar Council of India and the affiliation granted by the university. The very fact that the university is admitting this college, private body, to its privileges means that the private body must subject itself to the discipline inherent in such affiliation. It is unreasonable to presume that fairness is not inherent in the grant of permission to establish and more so in the grant of affiliation. Hence, the above direction.
3. The petitioner-college shall prepare a list of candidates applying to it for admission alongwith the marks obtained by them in the qualifying examination as well as a list of the candidates selected by it for admission along with the marks obtained by them in the qualifying examination. Both the said lists shall be submitted within ten days of the finalisation of the admissions to the Bar Council of India, to the Madras University and to the Government of Madras. It shall be open to these authorities to verify the correctness of the said list and if they find that there has been any departure from the direction imposed hereinabove, it shall be open to any of them to bring the same to the notice of this Court.
4. Liberty to mention.
5. The Special Leave Petition shall be posted for final hearing on November 11, 1994.
