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1994 Supreme(SC) 938

B.P.JEEVAN REDDY, SUHAS C.SEN
Pavai Ammal Vaiyapuri Education Trust – Appellant
Versus
Government Of T. N. – Respondent


Advocates:
A.MARIAPUTHAM, ARUNA MATHUR, Aruputham Aruna, K.K.VENUGOPAL, K.V.VIJAYAKUMAR, K.V.VISHWANATHAN, V.R.REDDY

JUDGMENT

Having heard the learned Council 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 Unnikrishnan J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645 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 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






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