IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:30.06.2011 CORAM THE HON'BLE MRS. JUSTICE R.BANUMATHI and THE HON'BLE MR. JUSTICE V.PERIYA KARUPPIAH O.S.A.NO.194 OF 2011 The Board of Trustees of P.T.Lee Chengalvaraya Naicker Trust, rep. by its Secretary R.Shanmugam, having office at 2-3, EVK Sampath Salai, Vepery, Chennai-7. ... Appellant Vs. The Advocate General of Tamil Nadu High Court, Madras ... Respondent Original Side Appeal is filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 09.06.2011 made in A.No.2519 of 2011 in C.S.No.242 of 1986 on the file of this Court. For Appellant : Mr.J.R.K. Bhavanandham For Respondents : Mr.S.Navaneethakrishnan Advocate-General JUDGMENT R.BANUMATHI,J This appeal arises out of the order of learned Judge in A.No.2519 of 2011 in C.S.No.242 of 1986 dated 09.06.2011 while issuing guidelines directed P.T.Lee Chengalvaraya Naicker Trust to fill up all seats in accordance with the Government guidelines. 2. Brief facts are that testator P.T.Lee Chengalvaraya Naicker had executed a Will dated 04.10.1870 and a Codicil dated 30.04.1873 bequeathing all his properties forming a Trust. P.T.Lee https://hcservices.ecourts.gov.in/hcservices/ Chengalvaraya Naicker dedicated his properties and his estate for religious and charitable purposes and to carry out several other laudable objects particularly to establish educational institutions. P.T.Lee Chengalvaraya Naicker Trust is governed and regulated by the Scheme Decree passed in C.S.No.242 of 1986 on the file of High Court, Madras dated 01.04.1999 as amended by an order dated 12.03.2002. The composition of Board of Trustees is made as per Clause (4) of the Scheme Decree. Nine Trustees constitute Board of Trustees of P.T.Lee Chengalvaraya Naicker Trust. Four among the nine Trustees are selected and appointed from among the persons Lawyers, Doctors, Engineers, one from descendants family and retired officials of State and Central Government service belonging to Vanniyar Community. Of the remaining five members of the Board of Trustees, a retired Judge of High Court is nominated as Chairman of the Trust by the High Court, Madras. The rest of the Trustees are selected and appointed from the stream of retired officials of Indian Administrative Service, one retired from teaching faculty and other two from public personalities. 3. By an order of the High Court, Madras dated 01.12.2010, Justice P.Thangavel, a retired Judge of Madras High Court has been nominated as Chairman of Board of Trustees. The other Trustees are:- (1)Mr.Arul (Descendant); (2)Mr.Pa.Kadirvel (Advocate); (3) Dr.K.Gunasekaran (Doctor) and (4)Dr.E.Muralidharan (Engineer); (5) Mr.E.Dasaradhan, I.A.S. (Retd); (6)Mr.N.Jayapalan, Retd. Vice Principal, P.T.Lee Chengalvaraya Naicker Polytechnic College (Educationalist); (7)Mr.A.R.Ramakrishnan (Public Personality) and (8) Dr.A.Pitchai (Public Personality). 4. The Trust have been administering and managing several educational institutions:- (i) P.T.Lee Chengalvarayan Naicker Polytechnic College, Vepery, Chennai-7; (ii) P.T.Lee Chengalvarayan Naicker Higher Secondary School, Choolai, Chennai-112; (iii) P.T.Lee Chengalvarayan Naicker Primary School, Choolai, Chennai-112 and various other institutions. P.T.Chengalvaraya Naicker Polytechnic College, Vepery is one among the reputed and leading college in Tamil Nadu. The campus has total land area of 3.25 Hectares with modem buildings to the extent of 55,000 sq. ft. P.T.Chengalvaraya Naicker Polytechnic College has Aided courses in (i) Civil Engineering (ii) Mechanical Engineering (iii) Electrical Engineering. In addition to the already existing Civil, Mechanical and Electrical Engineering Diploma courses, Diploma in Electronics and Communications Engineering were started from 1996-1997 with an intake of 40 students under the programme of World Bank Assistance. Diploma course in Computer Technology under Self-Supporting programme was started in the year 1999-2000. Both in Aided as well as in Self-Supporting Courses, admissions were made on merit basis/Government allotted candidates. The Polytechnic college is also said to have Management quota as under:- https://hcservices.ecourts.gov.in/hcservices/ First Year Full Time Aided – Total Seats – 240 Branch Merit Seat Management Quota Total No. of Management Quota seats Civil 54 6 Mechanical 54 6 Electrical 54 6 Electronics 54 6 Total 216 24 24 First Year Full Time Self Supporting Course – Total Seats - 150 Branch Merit Seat Management Quota Total No. of Management Quota seats Computer 30 30 Mechanical 30 30 Electronics 15 15 Total 75 75 75 Second Year Lateral admission Aided – Total seats - 48 Branch Merit Seat Management Quota Total No. of Management Quota seats Civil 11 1 Mechanical 11 1 Electrical 11 1 Electronics 11 1 Total 44 4 4 Second Year Lateral admission Self Supporting Course – Total seats - 30 Branch Merit Seat Management Quota Total No. of Management Quota seats Computer 6 6 Mechanical 6 6 Electronics 3 3 Total 15 15 15 https://hcservices.ecourts.gov.in/hcservices/ First Year Part-time Aided – Total seats - 120 Branch Merit Seat Management Quota Total No. of Management Quota seats Civil 36 4 Mechanical 36 4 Electrical 36 4 Total 108 12 12 5. Total number of Management Quota seats both in Aided and Self-Supporting Courses are 130. Alleging irregularities with regard to admission in Management quota, a retired former member of the Interim Committee of the Trust Prof.S.Sambandhan has filed A.No.4197 of 2009 in C.S.No.242 of 1986 stating that Management quota of 12 seats should not be sold and additional amount should not be collected from the candidates. Prof.C.Ram Mohan Rao and Mr.M.K.Sampath, who were Ex.Trustees of the erstwhile Board of Trustees have filed A.No.8014 of 2009 in C.S.No.242 of 1986 alleging that Management quota admissions are being sold in violation of COTE norms and AICTE norms and merit students have been ignored. Management of the Trust has also been served with copy of the applications in A.Nos.5240 to 5243 of 2010 in C.S.No.242 of 1986 wherein serious allegations against Management criticising the admission of students in the category of Management quota in respect of the above said Diploma courses were made and the said applications are said to be pending. 6. Trust filed A.No.2159 of 2011 seeking for suitable directions and fixing the guidelines for filling up the Management quota with minimum cut-off marks other than the cut-off marks fixed for students admitted on merit. Learned Judge disposed the said application (A.No.2159 of 2011) directing the Trust to fill up all seats in accordance with the guidelines, purely on the basis of merit, after applying the rule of reservation. Being aggrieved with the said direction, Appellant-Trust has preferred this appeal. 7. We have heard Mr.J.R.K.Bhavanandam, learned counsel for Appellant. We have also heard Mr.Navaneethakrishnan, learned Advocate-General. 8. Mr.J.R.K.Bhavanandam, learned counsel for Appellant-Trust contended that the learned Judge failed to note that P.T.Lee Chengalvaraya Naicker Trust is conducting courses in Computer, Mechanical and Electronics as Self-Supporting courses by appointing teaching and non-teaching members and paying salary out of the fees collected from such students and that the Trust is not collecting any Capitation fees or Donation from such students and that in such a way https://hcservices.ecourts.gov.in/hcservices/ the Trust is producing so many Diploma holders every year as desired by the testator in his Will and Codicil and unless Management quota in Aided and Self-Supporting courses are allowed to continue by the Trust, it may be lead to close down certain courses abruptly. Learned counsel would further contend that seats in the category of Management quota are not sold as alleged by some of the former Trustees and therefore the denial of right to reservation for Management quota infringes the notification issued by the Director of Technical Education. 9. Mr.S.Navaneethakrishnan, learned Advocate General has submitted that P.T.Lee Chengalvaraya Naicker Trust being Aided college, there cannot be any Management quota in respect of Aided courses and more so is to promote education among the downtrodden people. Drawing our attention to the Letter No.11285/I2/2000 dated 4.8.2000, learned Advocate General submitted that if at all if there is Management quota it could only be to the extent of 10% seats in the Self-Supporting course alone. 10. Going by the pattern of allotment of seats as stated in Paragraph (4), it appears that hitherto the Management had 10% quota both in Aided and Self-Supporting courses. The founder of the Trust P.T.Lee Chengalvaraya Naicker decided to promote education among the poor and downtrodden people. As pointed out by the learned Judge, founder of the Trust was a great Philanthropist and he would have never dreamt of reserving any right to himself in the matter of admission of students. Board of Trustees who are appointed by the Court and who are also paid sitting fees cannot claim as a matter of right for admission of students under Management quota insofar as Aided course. 11. As pointed out earlier, apart from Aided courses, P.T.Lee Chengalvaraya Naicker College is also said to have started Self- Supporting courses and total seats are 150 i.e. Computer – 60 seats; Mechanical – 60 seats and Electronics – 30 seats. Appellant-Trust is conducting Self-supporting courses by appointing teaching and non- teaching members and by paying salary out of the fees collected from such students. For those Self-Supporting courses and for paying salary to teaching and non-teaching members, Trust has to necessarily generate funds. From the letter of the Government dated 04.8.2000, it is seen that Management shall have 10% seats earmarked for Management quota. The said letter reads as under:- " .... I am to clarify that all the seats whether it is aided courses or self-supporting courses available at Govt. Aided Polytechnics will be filled through Counselling except management quota. Please therefore fill up 10% seats earmarked for management quota by yourself both in the Aided and Self- https://hcservices.ecourts.gov.in/hcservices/ supporting courses." (underlining added) As per the above said letter, Management could fill up only 10% seats earmarked for the Management quota. Even though object of the Trust is benevolent to educate the poor and downtrodden people, when the Trust have started Self-Supporting courses, it has to be given leverage in admitting the students in Management quota upto 10% of total number of seats in Self-Supporting Courses. Insofar as the allegations that Management quota being sold, the learned counsel for Appellant submitted that Trust is not collecting any Capitation fees but has only collecting the amount for development of Self-Supporting courses. 12. In the Aided courses, there shall be no admission under Management quota. Admission of students in Management quota in respect of Self-Supporting Courses is upto 10% total number of seats in Management quota. Appropriate receipts are to be issued by the Trust for the amount collected from the students admitted under Management quota. Having regard to the above said submissions, we are of the view that in order to avoid any future controversy, it would be appropriate to direct that every admission made under Management quota shall have prior approval from the Chairman of the Trust Justice P.Thangavel. The order of the learned Judge is modified to that extent and the appeal is disposed of. Consequently, connected M.Ps. are closed. No costs. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras. 2 cc to Mr.J.R.K. Bhavanandham , Advocate, Sr.No.37970 O.S.A.No.194 of 2011 sp(co) pmk.30.6.2011 https://hcservices.ecourts.gov.in/hcservices/