A
PAVAI AMMAL VAIYAPURI EDUCATION TRUST
v.
GOVERNMENT OF TAMIL NADU AND ORS.
SEPTEMBER 21, 1994
B
[B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.)
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P.A V. EDUCATION TRUSTv. GOVT. OFT.N.
739
imposed, it shall be open to any of them to bring the same to A
the notice of this Court. [740-B]
CIVIL APPELLATE JURISDICTION: S.L.P. (C) Nos. 14416-18 of
1994 .
From the_ Judgment and Order dated 3.8.94 of the Madras High B
Court in W.P. No. 10670, 10707 & 10714 of 1994.
K.K. Venugopal, K.V. Vihswanathan and K.V. Vijaykumar for the
Petitioners.
V.R.Reddy, Additional Solicitor General, A Mariarputham and Ms.
C
Aruna Mathur, for Aruputham Aruna & Co. for the Respondents.
The following Order of the Court was delivered :
Having heard the learned counsel for the petitioner and the learned
Additional Solicitor General for the respondents, we are of the opinion D
that the question of applicability of the Scheme in Unnikrishnan, J.P .. & Ors.
v. State of Andhra Pradesh & Ors., [1993) 1 S.C.C. 645 to the.petitioner-col-
lege 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., E
1994-95.
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 F
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 a<lmitting this college, a 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 G
grant of permission to establish and more so in the grant of affiliation.
Hence, the above direction.
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 H
740
SUPREME COURT REPORTS (1994] SUPP. 3 S.C.R.
A
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
B departure from the direction imposed hereinabove, it shall be open to any
them to bring the same to the notice of this Court.
Liberty to mention.
The Special Leave Petition shall be posted for final hearing on
November 11, 1994,
G.N.
Petition Pending.
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