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2000 Supreme(Raj) 702
Rajasthan High Court
Honble RAJESH BALIA, J.
Vijay Shanti Edu. Trust - Appellant
Versus
State of Rajasthan & Anr. - Respondents
S.B. Civil Writ Petition No. 2684 of 2000*
Decided On : September 15, 2000
M.S. Singhvi, for Petitioner R.L. Jangid, Addl. Advocate General for Respondents
Headnote:Constitution of India, Article 30, 226; National Minority Commission Act, 1992, Section 2(c) – Protection of rights flowing from under Article 30(1) of the constitution for admittance to the members of the minority community to the extent of its 50% seats – Institution established by the Jain Community – Jainism is not included in the notification u/s 2(c) of the Act of 1992 – Entitlement – Held – Jainism is a religious minority – Management has right to admit intake of certain admission confined to the members of the community not exceeding 50% subject to eligibility criterion for perusing such course as laid down by the Dental Council of India and the University to which it is affiliated. (Paras 111, 112, 114 & 120)
Darshan Dental College Udaipur, established and maintained by the petitioner Trust is a religious minority community educational institution and is entitled to avail the benefit flowing from Article 30 as minority institution. In the absence of any specific regulation framed in this regard the petitioner have the right to admit candidates from the minority community to which it belongs to the extent it desires, which may not exceed 50% of total permissible intake of admission. The petitioner is, therefore, entitled to such direction to respondent that until regulations are made in this regard by appropriate measures by it in consonance with guideline contained in St. Stephen Colleges case (supra) they shall not interfere with the right of institution to admit certain number of student of its own choice from amongst the Jain community subject to maximum limit of 50%. of total intake. This right will not be exercisable in general to other categories of candidates. (Para 120)
(2). This petition has been filed by the petitioner, an educational trust claiming for the following reliefs:
I. By an appropriate writ, order or direction, the order dated 1.8.2000 (Annex.16) and 3.8.2000 (Annex.17) be declared illegal and be quashed with all consequential benefits to the petitioner;
II. By an appropriate writ, order or direction, it may be declared that the Jain community falls in the religious minority in the State of Rajasthan and is entitled to exercise its right conferred by Article 30 of the Constitution of India.
III. By an appropriate writ, order or direction respondents may be directed to permit the petitioner to grant admission to BDS Course from Academic Session 2000-1 against 50% management quota in exercise of its rights as an institution run by religious minority and the respondents may be restrained from interfering with the exercise of rights of the petitioner in the matter of admission so far as the management quota (to the extent of 50% of the seats of a religious minority institution is concerned;
IV. Any other appropriate order or direction, which this Honble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.
V. Costs of the writ petition may kindly be awarded to the petitioner.
(3). Reply to writ petition has been filed by respondent No. 3. No further reply is sought to be filed by other respondents and is adopted by them. The case has been finally heard as per earlier order passed by the Court on 20.8.2000. The petitioner Trust was settled by Settlor one Shri V.C. Jain. The Settlor alongwith Shri Suresh Kumar Jain, Shri Chandan Kumar Jain and Shri Naresh Kumar Jain are the Founder Patron Trustees. The Trust was to be managed by Board of Trustees consisting of the founder patron Trustees, and other members of the Board. The President, Secretary and Treasurer were designated as office bearers who were to be elected by the Board of Trustees from amongst themselves. The essential condition to become a Trustee of the Trust is that the person should be a Shwetamber Jain and must originally belong to State of Rajasthan and is major and such person can become a member of the Trust on payment of a sum to be fixed by the Board of Trustees from time to time on being confirmed by the Trust Board. Cl. 4(c) of the object clause of the Deed of Trust stated:
``The Trust is established and shall be deemed to have been established and maintained by members of the Jain community for the charitable purpose of imparting education.
(4). It is on these premise that Trust is settled by a person belonging to a member of the Jain community from Rajasthan and it is being and to be administered by person belonging to same denomination namely Shwetamber Jains from Rajasthan, and is established and maintained for `charitable educational purpose for imparting education, the educational institution set up and managed by the petitioner educational Trust is to be treated as an `educational institution established and administered by the Shwetamber Jains, a religious minority community within the meaning of Article 30 of the Constitution. This is the claim laid in this petition.
(5). The further case of the petitioner is that in furtherance of its object of establishing educational institution as a public charitable institution, it applied to Dental Council of India for its permission to open a Dental College at Udaipur after creating infrastructure as per the norms laid by the Council, after securing Essentiality Certificate/No Objection Certificate recommending for granting such permission from Government of Rajasthan. On such permission having been granted, the petitioner has in fact established the Dental College at Udaipur known as Darshan Dental College, with 100 beds as per the approval made by the Dental Council of India. The said College was also granted provisional affiliation by University o
