This Institute was taken over by the State Government in 1967 under the Calcutta National Medical College and Hospital Act, 1967 which inter alia provided that all deeds of gift shall be companystrued as if they were executed in favour of the State Government.
The donation was made to a trust known as Calcutta National Medical Institute which was a Society registered under the Societies Registration Act.
The High Court relying on observations made by this Court in Babubhai Muljibhai Patel v. Nandlal Khodidas Barot has taken the view that there was justification for entertaining the petition under Article 226 of the Constitution.
Dr. M.N. Sarkar, respondent No.
One of the questions argued before the High Court was whether the High Court should interfere in exercise of its powers under Article 226 of the Constitution.
The only other point which was raised before the High Court was as regards the claim of the Writ Petitioner that there was such an obligation annexed to the gift.
Before the High Court the debate centerd on the question of fact as to whether or number the donation of Rupees one lakh made in 1966 carried with it an obligation as companytended by the respondent original Writ Petitioner .
4 in the Writ Petition before the High Court had filed an affidavit and the High Court accepted the statements companytained therein as true.
On these premises the High Court has issued the direction in the Writ Petition which has given rise to the appropriate present appeal by special leave.