Scottish Court of Session Decisions

A petition was presented by Lord Inverclyde and others, the trustees of the Clark Bursary Fund (Mile-end), for extension of the scheme under which they administered certain bursaries and scholarships under a trust-disposition and deed of settlement dated 30th June 1866, and a subsequent deed of direction, by the late Mr John Clark junior, Mile-end, Glasgow. By the deeds referred to the petitioners were directed to award out of the fund administered by them, which amounted to upwards of £36,000, certain bursaries or scholarships to male students in the University of Glasgow. Under the benefactor's scheme of administration the petitioners offered for competition at intervals, inter alia, a scholarship in modern languages. Female students were first admitted to the University of Glasgow at a date subsequent to the granting of the deeds referred to, and a female student was the only candidate for the Modern Languages Scholarship in Session 1902–1903. The petitioners stated as follows:—“Since the trust came into operation the university regulations have been so amended that women students can now attend most of the classes of the university, and can proceed to graduation in the Faculties of Arts, Medicine, and Science in the same manner as men… The petitioners are of opinion that the utility of the trust under their administration would be greatly increased if the bursaries and scholarships provided as aforesaid were opened to the competition of female students instead of being restricted as in practice they have hitherto been to competition among men only. It has accordingly been resolved to seek the Court's authority to permit women to take part in future competitions for said bursaries and scholarships.” The petitioners accordingly prayed the Court to authorise the petitioners and their successors in the management of the said trust estate to extend the benefit thereof to female students in the University of Glasgow on the same terms as men by admitting them to competition for the bursaries and scholarships in the petitioners' appointment, and on their being found qualified by appointing them thereto.

On 25th November 1902 the Court remitted to Mr Charles Young, W.S., “to inquire and report as to the whole circumstances and the proposed extension of the benefits of the scheme.” Mr Young reported in favour of the extension proposed by the petitioners.

On 5th February 1903, on the calling of petition in single Bills with Mr Young's report, the Court granted the prayer of the petition.