Application arose under a will for scholarship for specific candidates. Court permitted Official Trustee to use part of net income for 10 students' scholarships.
Court allowed application to utilise Rs.1,00,000 to award scholarships to 10 eligible students for academic year 2020-21.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A. No.4754 of 2021
A. No.4754 of 2021 in T.O.S. No.5 of 1941
M.DURAISWAMY, J.
The Administrator General and Official Trustee of Tamil Nadu, has filed the above application, to permit him to utilise Rs.1,00,000/(Rupees One Lakh Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of O.S.Gangadharan Pillai, to award scholarships to 10 students for the academic years 2020-21 as detailed in the list annexed with this application.
follows:
The Official Trustee of Tamil Nadu humbly submits that the Office of the Administrator General and Official Trustee of Tamil Nadu is a statutory body that performs charities and other objectives as per the Will of the Testator. The Official Trustee humbly submits that the Trust Estate of O.S.Ganghadharan Pillai was originally under the administration of Administrator General of Tamil Nadu under the Letters of Administration with a copy of Will executed by O.S.Ganghadharan Pillai, granted to him in TOS No. 5 of 1941 (OP No. 84 of 1941). Subsequently, this estate was ordered to be transferred to the Official Trustee of Tamil Nadu and since then the Trust Estate of O.S.Ganghadharan Pillai is under the administration of the office of the Administrator General and Official Trustee of Tamil Nadu.
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A. No.4754 of 2021
2. The Official Trustee further submits that the Will of
O.S.Ganghadharan Pillai contemplates providing scholarships to poor and intelligent boys and girls who are hereditary Saivities, born in the Saiva Vellala Caste, i.e. in the first place, Karkathar Sect, second Thondaimandalam hereditary Mudaliars and Chettimars.
3. The Official Trustee further submits that to fulfill the said object the Office of the Administrator General and Official Trustee of Tamil Nadu have invited applications for award of scholarship for the year 2020-2021 in the prescribed format through advertisement in Daily Thanthi Dt. 05.09.2021 for the fulfillment of the objectives of the Will of the Testator.
4. The Official Trustee further submits that a common Paper Publication was effected inviting applications for different types of scholarships for the academic year 2020-21 in eight Trust estates and the details of the same are tabulated below:
| Sl. No. |
Description | Application Details |
|---|---|---|
| 1. | Advertisement made inviting applications for scholarship |
Paper Publication "Daily Thanthi" dt.05.09.2021 |
| 2. | Total No. of filled in applications received from the candidates |
139 |
| 3. | Applications received after due date | 8 |
| 4. | Total No. of filled in applications received from the candidates within due time i.e. up to 28.09.2021 |
131 |
| 5. | Selected Candidates | 31 |
| 6. | Total Rejected applications | 108 |
5. The Official Trustee further submits that the filled in
applications that were received within the prescribed time was scrutinized in the Office of the Administrator General and Official Trustee of Tamil Nadu. On scrutiny, some of the applications were treated as “Not eligible” for various reasons. The list of applications that were treated as not eligible and the reasons are detailed below:
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A. No.4754 of 2021
Sl.
No.
| Sl. No. |
Description | No. of students |
|---|---|---|
| 1. | First Graduate | -- |
| 2. | Out of Degree as per Advertisement | 23 |
| 3. | Male student of Muslim Community applied (Not Eligible) |
1 |
| 4. | Incomplete Application | 51 |
| 5. | Received Scholarship already from Govt./ Other sources |
15 |
| 6. | Applications received after due date | 8 |
| 7. | Caste Not mentioned | 2 |
| 8. | Candidates applied for the academic year 2021-22 |
8 |
| Total | 108 |
6. The Official Trustee further submits that out of total 139
applications that were received in the office, 108 applications were rejected or disqualified and of remaining 31 applications were categorized under the Trust Estate, the details of which are as follows:
| Sl. No. |
Name of the Estate | Total Applications Received |
Not Eligible Applications |
Eligible Applications |
|---|---|---|---|---|
| 1. | K.Vedantha Mudaliar | 3 | 1 | 2 |
| 2. | OSG Pillai | 30 | 20 | 10 |
| 3. | CKK Pillai | 6 | 5 | 1 |
| 4. | P.R.Chetty | 15 | 10 | 5 |
| 5. | T.Venkata Subramaniam |
69 | 60 | 9 |
| 6. | DBSR | 4 | 2 | 2 |
| 7. | Mir Muzuriddhin | 8 | 6 | 2 |
| 8. | G.Venkatasamy Naidu |
2 | 2 | 0 |
| 9. | No Estate/Caste Not mentioned |
2 | 2 | 0 |
| Total | 139 | 108 | 31 |
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A. No.4754 of 2021
7. The Official Trustee further submits that in O.S.Gangadharan Pillai Trust Estate out of 30 candidates 10 of them are eligible for scholarship as detailed below:
| Sl. No. |
Description | Remarks |
|---|---|---|
| 1. | Name of the Estate | OSG Pillai |
| 2. | Eligibility | Students of Saiva Vellalar, Karkarthar, Thondaimandala Mudaliar and Chettiar |
| 3. | Total No. of filled in applications received | 30 |
| 4. | No. of filled in applications received in time |
27 |
| 5. | Filled in applications received out of time | 3 |
| 6. | First Graduate | -- |
| 7. | Same Family | -- |
| 8. | Unfilled applications | 13 |
| 9. | Out of Degree as per Advertisement | -- |
| 10. | Received Scholarship already from Govt/ Other sources |
2 |
| 11. | Candidates applied more than one academic year |
2 |
| 12. | Eligible Candidates | 10(As submitted in the Annexure) |
8. The Official Trustee further submits that the Funds Position of the Trust Estate of OSG Pillai as on 19.11.2021 is as follows:
Total Fixed Deposits Rs.52,97,041.00 Less: Corpus Rs. 75,000.00 -----------------Rs.52,22,041.00 Cash on hand as on 19.11.2021 Rs. 5,61,844.00 -----------------Funds position as on 19.11.2021 Rs.57,83,885.00 ------------------
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A. No.4754 of 2021
9. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu has received a total of 30 applications, out of which, after thorough scrutiny 10 applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of O.S.G.Pillai is Rs.5,25,054/-(Rupees Five Lakhs Twenty Five Thousand and Fifty Four Only).
10. The Administrator General further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 26 students, for a sum of Rs.4,82,510/- (Rupees Four Lakhs Eighty Two Thousand Five Hundred and Ten Only) and was distributed according to their educational qualifications as per the order of the Hon’ble High Court dated 23.12.2020 in Application No.3166 of 2020 in TOS No.5 of 1941 in O.P. No.84 of 1941.
11. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu require a sum of Rs.1,00,000/-(Rupees One Lakh Only) for awarding scholarship for 10 eligible students for the years 2020-2021. The details of the Name of the candidate and the proposed amount of scholarship are annexed herewith.
The Official Trustee, is therefore, submits and prays that
(i)This Hon’ble Court may be pleased to permit the Official Trustee to utilize Rs.1,00,000/-(Rupees One Lakh Only) out of the net income of FYs 2020-21 of the Trust Estate of O.S.Gangadharan Pillai to award scholarships to 10 students as detailed in the list annexed with this application.
(ii) To pass such other or further orders as this Hon’ble Court may deem fit in the case and thus render justice.
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A. No.4754 of 2021
Submitting as above, the learned Administrator General and Official
Trustee, prays for the relief sought for in the Judge's Summons.
17.12.2021
Asr
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A. No.4754 of 2021
M.DURAISWAMY, J.
Asr
A. No.4754 of 2021 in T.O.S. No.5 of 1941
17.12.2021
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Administrator General and Official Trustee of Tamil Nadu
Official Trustee of Tamil Nadu
M. Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
