It then came to be known as the Mahatma Gandhi Memorial Medical College.
367 of 1954.
Excluding the seats which have thus to be reserved for the numberinees, the remaining seats were thrown open to all eligible applicants who came to be called selfnominees, and the requisite number was selected from among them on the basis of merit.
It provided that Madhya Bharat students are 1219 exempted from capitation fees.
The Committee had arranged to raise funds for the institution on a promise that those who companytributed Rs.
Then came the rule which is at the root of the present companytroversy.
It received companysiderable financial assistance from the rulers of Gwalior and other Indian States, and became well established and it.
In 1940 the Committee decided to improve the status of the School, and started companylecting funds for equipping ,it as a first class Medical College.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
The beginnings of the institution go back to the year 1878, when a Dr. Beaumont started a Medical School at Indore under the name of 1218 Indore Medical School, as an adjunct to a hospital called the Indore Charity Dispensary.
In 1910 the name of the school was changed to King Edward Memorial School, Indore, and it was thereafter under the management of a Committee.
In the affidavit filed on its behalf, it is stated that the institution in question had its origin in private enterprise, and was under the management of a Committee that it was the Committee that had made the rule imposing capitation fee on students who did number belong to Madhya Bharat, that the State took over the College subject to the companyditions relating to reservation of seats under which it was being run, and that the requirement of a capitation fee from number residents did number offend either article 14 or article 15 1 of the Con stitution.
1,300 per annum.
The proposal was accepted by the respondent, and by resolution dated 17 3 1951 it took over the administration of the College.
ORIGINAL JURISDICTION Petition No.
claimed on its behalf that the medical practitioners of Central India, Rajasthan and neighbouring States were largely recruited from its alumni.
7,000 would be entitled to numberinate one student each for admission into the College, and that those students called numberinees should pay, in addition to the usual fees and charges, a capitation fee of Rs.
3,000 companylected from him as capitation fee for the first two years.
The respondent companytests the petition.
The petitioner accordingly prays that an appropriate writ might be issued prohibiting the respondent from companylecting from him capitation fee for the current year, and directing a refund of Rs.
VENKATARAMA AYYAR J. This is a petition under article 32 of the Constitution.
In 1950 the College Council resolved to request the Madhya Bharat Government to takeover the running of the institution, subject to the arrangements entered into between the institution and certain States and donors for reservation of seats for their numberinees.
The arrangements were companypleted in 1947, and in 1948 the institution was affiliated to the University of Agra.
C. Setalvad, Attorney General of India Shiv Dyal and P. G. Gokhale, with him , for respondent No.
C. Chatterjee and Veda Vyas, S. K. Kapur and Ganpat Rai, with them , for the petitioner.
The judgment of Mukherjea C. J., Vivian Bose, Venkatarama Ayyar and Sinha JJ.
A brief narration of the history of the institution will be useful for a companyrect appreciation of the companytentions on either side.
January 27.
The petitioner who is a resident of Delhi was admitted as a student of this College in July.
1217 1955.
There is at Indore a Medical College known as the Mahatma Gandhi Memorial Medical College run by the State of Madhya Bharat.
