BOLYICHAND DE TRUST Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court-Petitioners are two Trusts of Subarna Banik Samaj of Calcutta. They have invoked the writ jurisdiction of this Court through the proper representative of the Samaj with supporting affidavit of competency.

(2.) The petitioner No.1 Trust executed a deed of trust on 20th June, 1922 by making provisions of free medical education 4 (four) students of Subarna Banik Samaj wherein petitioner No.2, the other trust was constituted on 12th August, 1927 for similar purpose in respect of 2 (two) students in a Medical College in Calcutta names as Carmichael Medical College Hospital now known as R.G. Kar Medical College & Hospital. Since the trusts donated such seats in the said Medical College such quota of seats are commonly known as donor's quota.

(3.) It is an admitted position that the above members of such sponsored students will be available for the entire educational period, but not as par year. In other words, when the students of such quota are coming out after passing the medical examinations such seats are declared as vacant seats for the purpose of filling up through the new incumbants under such quota. In further words inflow of students under such quota will be dependable upon out flow of students under such quota.