PETITIONER: PAVAI AMMAL VAIYAPURI EDUCATION TRUST Vs. RESPONDENT: GOVT. OF T.N. DATE OF JUDGMENT21/09/1994 BENCH: JEEVAN REDDY, B.P. (J) BENCH: JEEVAN REDDY, B.P. (J) SEN, S.C. (J) CITATION: 1995 AIR 63 1994 SCC (6) 259 JT 1994 (6) 267 1994 SCALE (4)268 ACT: HEADNOTE: JUDGMENT:
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 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.