M N DE Vs. B N MUKHERJEA

JUDGEMENT

(1.) The first appellant Ha very distinguished physician commanding a large practice in Calcutta. In 1964 he decided to donate Rs. 50,000/- to the Calcutta National Medical Institute. There was some discussion between him and the management of the Institute with regard to the terms of the donation. Finally, these terms were set forth in a letter of the Secretary of the Institute to the first appellant dated August 6, 1964. These terms are as follow:

(2.) It is the second term mentioned above which gave rise to a dispute, which occasioned the writ petition out of which this appeal arises. The first appellant nominated the second appellant for admission to the Pre-Medical Course at the college for the academic session 197.2-73. According to the appellants she was qualified for admission according to the Rules in force in 1964 when the donation of Rs. 50,000/- by the first appellant was accepted on behalf of the management of the Institute. The Rules for admission were changed from time to time and in 1972 a new set of administrative instructions, called the West Bengal State Medical and Dental Colleges (Admission of Students) Rules, 1072, came into force. According to the respondents these Rules governed the second appellant's case for admission to the Pre-Medical Course. Under Rule 6(4) The second appellant, as a nominee of a donor, is required to obtain a minimum of 50% marks in the aggregate in the three science subjects Physics, Chemistry and Biology in the Higher Secondary Examination, West Bengal. According to the respondents, as the second appellant had not obtained these marks, she was not qualified for admission to the course. According to the appellants on the other hand, her case for admission is to be determined by the Rules in force in 1964, when the donation was accepted, and under these Rules, qualification for admission to Pre-Medical Course was Higher Secondary (W.B.) or Pre-University (C.U.) in Second Division with Physics, Chemistry and Biology or an examination recognised by the 'Calcutta University as equivalent to it. According to the appellants also the qualification for admission laid down in the Rules in existence in 1964 could not be altered subsequently so as to prejudice or abridge the first appellant's right to nominate a student for admission, which was a condition of the donation Notice should be taken at this stage of certain other events which took place after the first appellant's donation in 1964.

(3.) In 1967 the Governor of West Bengal promulgated an Ordinance for taking over the control, management and maintenance of the Calcutta National Medical College, together with its hospitals and dispensaries. Subsequently Act XVII of 1967 came into force, replacing the Ordinance. The effect on the Ordinance, and the Act, was that for a period of ten years from June 9. 1967. the Institute stood transferred to the State of West Bengal and was to remain, under the control and management of the State Government under S.3(2) of the Act all deeds of gift, endowment, bequest, etc. covering all properties and assets of the Institute shall be construed as if they were executed in favour of the State Government under S. 3(3) of the Act all contract debts and liabilities of the Institute shall be deemed to be contracts, debts and liabilities of the State Government. Under the provision of the statute therefore the donation is to be deemed to have been made in favour of the State Government. Under the provisions of the Act the College and hospitals are at present under the management of the State Government, According to the appellants the contract between the first appellant and the Institute, relating to the donation has been recognised by the statute, and therefore the respondents are bound by the terms of the donation mentioned earlier in this judgement.