Judgment

B.P. JEEVAN REDDY, J.- Leave granted.

2. Meghji Pethraj Shah Medical College was established by the then Government of Saurashtra at Jamnagar in the year 1955. For establishing the college, Shri M.P. Shah "donated" a sum of Rupees fifteen lakhs subject to certain conditions. The government hospital then known as Irwin Hospital was attached to the said college to meet the requirement of a hospital with necessary bed-strength. In the year 1993, the Government of Gujarat repudiated one of the conditions attached to the donation, which led the M.P. Shah Charitable Trust to approach the Gujarat High Court for issuance of a writ commanding the State of Gujarat to continue to abide by the said condition. The writ petition was allowed by a learned Single Judge and a Letters Patent Appeal preferred by the State of Gujarat has been dismissed by a Division Bench - the correctness whereof is under challenge herein.

3. Having regard to the questions arising herein, it is necessary to notice the facts concerning the establishment of the college. On October 8, 1954, Shri M.P. Shah wrote a letter to the then Chief Minister of Saurashtra confirming the arrangement arrived at by him with Shri Manubhai Shah, who was evidently acting on behalf of the Chief Minister. It is necessary to quote the letter in full :

"Respected Shri Dhebarbhai,

Today morning, I returned from Jamnagar and in good health. Hope, you will also be enjoying good health. On Monday the 4th October, I had satisfactory discussions with Shri Manubhai Shah at the residence of Shri Premchandbhai in Jamnagar for Medical College and hospital. He has shown good interest in the matter and let us pray that, by the grace of God this mission may be successful. Following decisions have been taken in the discussion with him.

(1) Existing Irwin Hospital will be properly extended and the number of beds and other amenities will be provided as per the requirement of the medical college. Hospital shall be named after Mahatma Gandhi or any other great Indian leader instead of present name.

(2) The medical college attached with this hospital shall be known as Shri Meghji Pethraj Shah Medical College. The building for the hostel for the students of this college also shall be constructed.

(3) The constitution of the colleges shall also provide that I or my successor or my nominees shall be entitled to recommend admission to the extent of 10 of the total number of students to be admitted and this arrangement shall be continued so long as the college continues. I have explained to Shri Manubhai about the necessity of provision and has accepted the same.

(emphasis added)

(4) The steps shall be taken to start the college from next June and till the new building for the college is ready, the college shall be conducted in the new building constructed for Jamnagar Court.

After having confirmation to the above effect from the Government, we shall complete the necessary procedure for donation and send our confirmation for the same for Government record.

Yours

sd/-

for Meghji Pethraj Shah.

On November 22/23, 1954, the Chief Minister wrote to Shri M.P. Shah confirming the arrangement. The letter reads:

"Dear Shri Meghjibhai,

I was glad to receive your letter dated 28th October. All the steps are being taken to start medical college from June 1955.

Arrangements will be made to start the college in the new building of the Court till the new building for the college is constructed. Medical college will be known as the name suggested by you and the arrangements have been made for the same. Constitution of the college shall provide for the admission to 10 of the students admitted every year as recommended by you or your successor or nominee and this arrangement shall be permanent.

(emphasis added)

As regards hospital, it is being considered to name as Smt Kasturba Gandhi Hospital. Final decision shall be taken in few days. I think that on this basis, till all the points are confirmed and the procedure is completed, stone f