DR. AMBEDKAR....................AWARD 295
persons recommended is neither the subject nor the servant of the State, Mr. Vallabhbhai Patel is to have the “last word”.
Two Objections
The ground for this conclusion and for the rejection of the Thakore Saheb’s contention by Sir Maurice Gwyer are two. To use the words of Sir Maurice Gwyer himself, the first ground is that “no such proposition (as is contended for by the Thakore Saheb) can be based simply upon, the use of the word “recommend” which in itself does not necessarily imply anything of the kind. It may take its colour from the context and accordingly, all the circumstances of the case must be taken into account.”
The second ground is that the Thakore Saheb had not reserved to himself the power to consider the recommendation and therefore he had no discretion to reject the persons recommended by Mr. Vallabhbhai Patel. Sir Maurice Gwyer has referred to the case Rex- vs -Governors of Christs’ Hospital reported in (1917) I. K. B. 19. But, he does not rely upon it. He makes it quite clear as to why he refers to it. He says, “I only refer to them for the purpose of showing that there is no single principle which regulates cases where one person recommends and another appoints.” Indeed he has proceeded to give his decision on the footing that there is no conclusive precedent for the purposes of the present reference . . . .”
Precedent And Principle
With due deference I venture to say that there is a well established principle supported by a precedent which could be invoked in deciding this reference. Knott- vs -Cottee (2 Phil
192 equal to 41 E. R. 915) i.e. the precedent I have in mind. The facts of the case can be very briefly stated.
‘A’ made a Will and appointed his wife, one Mr. Cottee and one Mr. Ibbettson executors and trustees and he also appointed these three as the guardians of his children. Further ‘A’ recommended that if his wife should die before his son should attain twenty-one. or before his daughters attain that age or marry, the surviving guardian or guardians should place his children, or such of them as should then be minors under the care of his cousin Mary