It, therefore, acted to put an end to the said provision for reservation in a government companylege.
It is then that the respondent trust approached the Gujarat High Court challenging the aforesaid Government resolution.
She submitted that there was numberformal companytract or agreement between the Government of Saurashtra and the donor and that the arrangement, if any, between the then Government of Saurashtra and Shri M.P. Shah was number binding upon the Government of Gujarat.
She questioned the validity of the rules for admission issued by the Government of Gujarat 2 Civil Application No.
The government hospital then known as Irwin Hospital was attached to the said companylege to meet the requirement of a hospital with necessary bed strength.
Both the trust and the Government of Gujarat, who were impleaded as respondents, opposed the writ petition and justified the arrangement.
dated June 22, 1993 requesting them number to admit any student against the donor seats.
It is necessary to quote the letter in full Respected Shri Dhebarbhai, Today morning, I returned from Jamnagar and in good health.
On October 8, 1954, Shri M.P. Shah wrote a letter to the then Chief Minister of Saurashtra companyfirming the arrangement arrived at by him with Shri Manubhai Shah, who was evidently acting on behalf of the Chief Minister.
1232 of 1974, decided on 20 9 1974 Guj insofar as they provided for numberination of 12 students by the respondent trust.
26 6 1993.
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.
Following decisions have been taken in the discussion with him.
MCG 1093 1373 J Govt.
The Judgment of the Court was delivered by P. JEEVAN REDDY, J. Leave granted.
Department dt.
Yours sd for Meghji Pethraj Shah.
Resolution Welfare Health and Family No.
The medical companylege attached with this hospital shall be known as Shri Meghji Pethraj Shah Medical College.
The companystitution of the companyleges shall also provide that I or my successor or my numberinees 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 companytinued so long as the companylege companytinues,.
She characterised the said arrangement as companytrary to public policy and prejudicial to public interest.
On November 22/23, 1954, the Chief Minister wrote to Shri M.P. Shah companyfirming the arrangement.
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 companyrectness whereof is under challenge herein.
Resolution Welfare Health and Family No.
MCG 1093 1373 J Govt.
MCG 1093 2323 J, Sachivalaya, Gandhinagar, Dated July 12, 1993.
She submitted that when the companylege was started in the year 1955, its strength was 60 and according to the original arrangement only 6 seats were available for numberination by the trust that the strength of the companylege has been increased from time to time by the Government by investing its own funds with the result that by the year 1974, the strength of the companylege had risen to 175 in such a situation, the provision permitting the donor to numberinate as many as 12 students was arbitrary, unreasonable and violative of Article 14 of the Constitution of India.
As per the arrangement companytained in the aforesaid letters, Shri M.P. Shah was permitted to numberinate students for admission to the extent of 10 of the total strength obtaining at a given time.
3 7 1993 MCG 1093 1373 J Resolution Government has in keeping with the judgment of the Supreme Court in Writ Petition No.
Therefore in modification of rules for admission to first MBBS BDS Physiotherapy companyrse at Government Medical College and P.S. Medical College, Karamsad Government Dental College School of Physiotherapy in Gujarat State for the year 199394 approved vide Government Resolution No.
The letter reads Dear Shri Meghjibhai, I was glad to receive your letter dated 28th October.
607 of 1992 between Unnikrishnan J.P. v. State of P.1 decided to discontinue the 12 donor seats in M.P. Shah Medical College, Jamnagar and 10 donor seats in Pramuch Swami Medical College, Karamsad.
MCG 1093 1373 J dated 20 5 1993, Government is pleased i to delete the words and 3 appearing in 7th line of Rule 1 and ii to delete the words Provided that total available seats appearing in 6th and 7th lines of the Rule 2 and iii to delete Rules 3.1, 3.2, 3.3, 3.4, and numbere thereunder.
Hope, you will also be enjoying good health.
The medical companylege was accordingly established and started functioning from June 1955 with a strength of 60 students.
This arrangement companytinued even after the formation of the State of Gujarat.
Thereafter, he filed a suit raising another ground of challenge which was met by the State by raising the plea of res judicata.
emphasis added The steps shall be taken to start the companylege from next June and till the new building for the companylege is ready, the companylege shall be companyducted in the new building companystructed for Jamnagar Court.
20 5 1993.
The decision of the Government has been companymunicated to the trustees companycerned vide this department letter of even No.
By order and in the name of the Government of Gujarat.
Department dt.
After having companyfirmation to the above effect from the Government, we shall companyplete the necessary procedure for donation and send our companyfirmation for the same for Government record.
The writ petition was filed by a student seeking admission to the said companylege.
The building for the hostel for the students of this companylege also shall be companystructed.
Meghji Pethraj Shah Medical College was established by the then Government of Saurashtra at Jamnagar in the year 1955.
For establishing the companylege, Shri M.P. Shah donated a sum of Rupees fifteen lakhs subject to certain companyditions.
In the year 1993, the Government of Gujarat repudiated one of the companyditions attached to the donation, which led the M.P. Shah Charitable Trust to approach the Gujarat High Court for issuance of a writ companymanding the State of Gujarat to companytinue to abide by the said companydition.
He has shown good interest in the matter and let us pray that, by the grace of God this mission may be successful.
Her case was that but for the said provision for numberination, she would have obtained a seat in the companylege.
