JOINT ACTION COMMITTEE OF AUT UNITS OF PACHIAYPPAS TRUST COLLEGES Vs. ADVOCATE GENERAL, HIGH COURT AND ORS.

JUDGEMENT

(1.) Introductory:-

(2.) The Pachayappa's Trust is administered in accordance with the Scheme framed by the Supreme Court of Judicature at Madras (Equity Side) on 12 February 1909, 19 July 1920 and 14 December 1920 and modified by the High Court of Judicature at Madras on 16 July 1976, 4 January 2007 and 24 September 2008. The scheme was framed taking into account the stipulations made in the last will and testament of late Thiru. Pachaiyappa Mudaliar. As per the scheme, the Board of Trustees shall have to be constituted with 9 members. Out of nine, two members have to be elected by the Hindu Members of the Senate of the University of Madras, three members by Graduates/Research Scholars from all the six colleges run by the Trust, two members by the Pachyiappa's College Council and two members from amongst the electoral college consisting of all the approved teachers from the colleges managed by the Pachyiappa's trust. It is the prerogative of the respective electoral college to elect the trustees from its electoral college/constituency. The tenure of office is five years from the date of election. Any vacancy in the Board caused by death, resignation or retirement of any member shall have to be filled up by the respective electoral college.

(3.) The election to elect 9 Trustees was held on 29 September 2009. The elected trustees assumed office on 9 October 2009. Subsequently, five trustees resigned their trusteeship on different dates from 14 January 2011 to 29 August 2012.