SENATE’S POWERS

Dominion, Volume 24, Issue 240, 7 July 1931, Page 10

SENATE’S POWERS

Taranaki Scholarships STUDENT’S APPEAL Meaning of “Not Worthy” Has the Senate of the University of New Zealand the right to award on y a limited number of scholarships to those who pass with credit? was a question the-Court of Appeal was asked to decide Chief Justice, Sir Michael Myers, presided, and with him on the bench were Mr. Justice MacGregor, Mr. Justice Blair, and Mr. Justice Kennedy. . The case was one in which James Wincome Syme, a student,, of Hawera (Nir. Spratt, with him Mr. Wilson), sued by his guardiah, Mr. Bernard McCarthy, solicitor, of Hawera, the University of New Zealand (Mr. P. B. Cooke, with him Mr. Christie), for not having granted him a Taranaki Scholarship after he had obtained credit in the university entrance examination, and had qualified for the scholarship. ' . .. .' . . . h „ The statement ot claim set out that uy section 17. of the New Zealand University Amendment Act, established scholarships, to.be called the “Taranaki Scholarships,” one or more of which was to be offered annually. On February 23, 1924, the University of New Zealand made a regulation with reference to the Taranaki scholarships: “The scholarships shall be awarded on the results of the entrance scholarship examination of the university, but no scholarship shall be awarded to a candidate unless he obtains credit in the examination, and is deemed worthy by the The case came before the Supreme Court early last month, when it was removed by Mr. Justice MacGregor to the Appeal Court. Mr. Spratt contended yesterday that the regulation had been made by the university without the consent of the Minister of Education. About November, 1929, the council offered Taranaki Scholarships, tenable for the years 1930, IJ3I, and 1932. Plaintiff entered. for the scholarship and sat in the junior scholarship examination of 1929, and passed with credit. Syme duly applied for the award of a Taranaki Scholarship,' but the council refused to award him one. Proceeding, counsel said that funds were available for the award of a laranaki scholarship to plaintiff as well as to all other candidates who obtained credit in the examination. ■ Plaintiff entered as a student of Canterbury College, and had kept terms for the year IJJO. Plaintiff, therefore, asked for a declaration that he is entitled to the award of a Taranaki scholarship, tenable for three years, and an order that the council of the university should award, such scholarSh Counsel explained that the Legislature over GO years ago'had set aside endowments of 19,000 acres in Taranaki for the benefit of higher education in Taranaki, and in 1868 the University Endowment Act had come into force. ' The Chief Justice: What’s the use of going back 50 years, Mr. Spragg i Mr. Spragg submitted that the case hinged on the meaning of section 17 ot the. New Zealand 'University Amendment Act, 1914. The examination, he contended,' was primarily a qualifying one; it could only be a competitive one in the eVent of the’funds not allowing scholarships to all candidates who had qualified. . , . ' “Not Worthy.” The Chief Justice: Scholarships were offered sufficient in number to include plaintiff, who passed with credit, but the Senate say that notwithstanding that they will not grant him a scholarship. Mr. Spratt: Presumably he was not “deemed worthy.” ~ The Chief Justice Whatever that may mean. Mr. Spratt explained that the registrar of the university set out very clearly what the Senate meant by being “not worthy” in its letter to Syme, who was informed that while he had gained credit in the examination his name was so far down the list that the Senate did not deem him worthy. Case for University. . ■ A After their Honours had conferred, the Chief Justice said that .the court would like to hear the other side. . Mr. Cooke, for the University, said they admitted that there was money to give the scholarship to Syme had he been deemed worthy. Under the Act the Senate had power to decide that the examination should consist of the Junior University examination, plus some other subject. The second part of the sub-section imposed a prohibition on. the grant of on candidates who fulfilled the requirements in the first part. Plaintiff obtained credit in this examination, .ad was consequently not °a prohibited ■person. The statute did not say that a scholar- . ship' must be given to every candidate who obtained 'credit at the examination. The Taranaki Scholarship was not tenable with any other scholarship. The Legislature had confided to the University Senate discretionary rights in making these awards. If the power, were given to refuse on moral grounds, why not on scholastic grounds? Even if th<? Senate had misconstrued the regulation, it did not mean that plaintiff was entitled to a scholarship. The question was one of the greatest importance to the University. Mr. Spratt submitted that the word "worthy” referred to theicharacter of the candidate, and not to his scholastic attainments.

Mr. Justice MacGregor: Who is going to'be the judge? . Proceeding, Jir. Spratt said there was no suggestion that Syme was of unworthy character. , ~ A Rich Endowment.

Mr. Justice Kennedy What is happening to these funds? Are large sums accumulating through scholarships not being granted? Mr. Spratt: Yes, a sum of £30,000 has accumulated, besides the £lOOO a year which comes from the 10,000 acres, which have now become very valuable. Mr. Spragg submitted, that Parliament liad set the standard or test that the obtaining of credit was the main thing in the examination. These scholarships had not been established for the greater glory of the University, but to confer lasting benefit upon the.-people of Taranaki.. It wns not for the .Senate to limit a trust which had been set up by Parliament. Mr Justice Kennedy: Have the deserving scholars of Taranaki to make a guess at the mind of the Senate? Mr. Cooke: Anyone who competes for a scholarship is entirely in the hands of the examining authority. A student, tor instance, would not be entitled to a scholarship if he were the only entrant. "In conclusion.” said Mr.. Cooke, the University has awarded this scholarship on the results of the examination.” . ( The Chief Justice: Yon haven t awarded it. - The court reserved Its judgment.