Chittatosh Mookerjee, J. - (1.) In the year 1964 the petitioner No. 1, who is an eminent medical practitioner of Calcutta, decided to make a gift of a sum of Rs. 50,000/- (Rupees fifty thousand only) to the Calcutta National Medical Institute, Gorachand Road, Calcutta. On the 6th August, 1964 the Hony. Secretary of the said Institute wrote a letter to the petitioner No. 1 accepting the said gift in the following terms: "In continuation of my letter No. 2/2063/S dated 20-6-64 and subsequent verbal discussion with you, we shall be glad to name a Ward in the Medical Block of our Hospital as Dr. M. N. De Block on condition that you donate a lump sum of Rupees 50,000/- to the institute. We further agree that you and your heirs will be entitled to nominate one student possessing qualification as laid down by the Governing Body for admission to the Pre-medical Course of our College." The second paragraph of the above letter dated the 6th August, 1964 has come up for interpretation in the present Rule.
(2.) In 1967 the Governor of West Bengal made an Ordinance, inter alia, for providing control, management and maintenance of the aforesaid institution called the Calcutta National Medical College together with the hospitals and dispensaries attached thereto. Subsequently West Bengal Act XVII of 1967 was enacted replacing the said Ordinance. With effect from the appointed day i.e., the 9th June, 1967, at the first instance, for a period of ten years the said institution stood transferred to the State of West Bengal and was to remain under the control and management of the State Government. I shall hereinafter refer to the provisions of Sub-sections (2) and (3) of Section 3 of Act XVII of 1967 which provided for recognition of deeds of gifts and endowments etc. made to this institution and for continuance of its contract, debts etc. Section 6 of the said Act empowered the State Government to make rules for carrying out the purposes of the Act.
(3.) The petitioner No. 2 is stated to be an adopted daughter of Dr. Miss Tara De, who is the daughter of the petitioner No. 1. In the year 1971 the petitioner No. 2 passed the Higher Secondary Examination conducted by the West Bengal Board of Secondary Education. She secured 565 marks and was placed in the second division. The petitioners, in paragraph 8 of the petition, have set out the marks secured by the petitioner No. 2 in Mathematics, Physics, Chemistry and Biology subjects of the said examination.;