Pavai Ammal Vaiyapuri Education Trust vs Govt. Of T.N
- SCC(1994) 6 SCC 259
- Neutral1994 INSC 408
- AIRAIR 1995 SC 63
- SCR[1994] Supp (3) SCR 738
Ratio decidendi
The rule this decision rests on
Permission granted by the Bar Council of India for establishment of a college and affiliation granted by a university inherently impose an obligation of fairness and merit-based selection on a private educational institution, such that the institution must admit students strictly in the order of merit determined solely on the basis of marks obtained in the qualifying examination. The conferment of privileges on a private body through university affiliation necessarily requires that private body to subject itself to the discipline and standards inherent in such affiliation, and it is reasonable to presume that fairness is inherent in both the permission to establish and the grant of affiliation.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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 Unni Krishnan, J.P v. State of A.P1 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, 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 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 along with the marks obtained by them in the qualifying + From the Judgment and Order dated 3-8-1994 of the Madras High Court in W.P. Nos. 10670, 10707 and 10714 of 1994 1 (1993) 1 SCC 645 260 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 11-11-1994.
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