Vaiyapuri Education Trust Vs. Govt. of T.N  INSC 489 (21 September 1994)
Reddy, B.P. (J) Jeevan Reddy, B.P. (J) Sen, S.C. (J)
1995 AIR 63 1994 SCC (6) 259 JT 1994 (6) 267 1994 SCALE (4)268
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.
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 .
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.
special leave petition shall be posted for final hearing on 11-11-1994.