STATE OF GUJARAT Vs. MEGHJI PETHRAJ SHAH CHARITABLE TRUST

JUDGEMENT

(1.) 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 fact concerning the establishment of the college. On October 8, 1954, Sri M. P. Shah wrote a letter to the then Chief Minister of Saurashtra confirming the arrangement arrived at by him with Sri Manubhai Shah, who was evidently acting on behalf of the Chief Minister. It is necessary to quote the letter in full.