Honble CALLA, J.–This Special Appeal (Writs), preferred by the State of Rajasthan and the Rajasthan Minorities Commission, is directed against the judgment and order dated dated 15th of September, 2000, filed under Section 18 of the Rajasthan High Court Ordinance, 1949, passed by the learned Single Judge in S.B. Civil Writ Petition No. 2684/2000, whereby the petition has been disposed of with certain.

(2). The original petition had been filed by Vijay Shanti Educational Trust, Chennai, against the respondents - State of Rajasthan through the Secretary, Medical and Health Department, Government of Rajasthan; the Secretary, Home Department, Government of Rajasthan, and the Rajasthan Minorities Commission, on 4th of August, 2000, seeking a declaration that the orders dated 1.8.2000 (Annex. 16) and 3.8.2000 (Annex. 17) with the petition, be declared to by illegal and be quashed, with consequential benefits to the petitioner and by an appropriate writ, order or direction, it may be declared that the Jain community is a religious minority i the State of Rajasthan and is entitled to exercise its right conferred by Article 30 of the Construction of India and further, that the respondents be directed to permit the petitioner to grant admission to BDS Course form Academic Session 2000-2001 against 50 % management quota in exercise of its rights as an Institution run by the religious minority and the respondents 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.

(3). The petitioner claims to be a Charitable Trust, formed by Shri V.C. Jain with Sarva Shri Suresh Kumar Jain, Chandra Kumar Jain and Naresh Kumar Jain as the Trustees. The trust deed dated 24.02.1999 has been placed on record as Annex. 1. The petitioner further claims that the petitioner - trust, which will be hereinafter referred to as `the Trust, had been created, inter alia, with the object to establish, support, upgrade, maintain, run and/or grant aid and other financial assistance to the schools, Vidhya mandirs, colleges, technical institutes, universities, libraries, reading rooms, hostels, boarding houses, laboratories etc. and to develop and advance education and diffusion of knowledge amongst the public in general. One of the objects of the petitioner Trust is that it will be established and maintained by the members of the Jain Community for charitable purposes. The petitioner Trust has been named `Vijay Shanti which is the name of famous Jain Saint Acharya Vijay Shanti Surishwar Ji. The name of the Dental College at Udaipur is also in the name of Jain Saint Acharya Darshan Sagar Ji and the Trust therefore, claims to be an Institute established and administered by religious minority.

(4). It has further been stated that Shri V.C.Jain, who has created this Trust, had already created two Trusts for charitable educational purposes in the city of Chennai. The names of these Trusts are Shri Educational Trust. It has been stated that these Trusts are actively working in Chennai for advancement of its objects and are running the educational institutions at Chennai in the names of Shri Chandra Prabhu Jain College, Shri Guru Shanti Womens College and Shri Guru Shanti Higher Secondary School and that all these institutions are for charitable purposes. It has been then stated that Shri V.C. Jain, being of Rajasthan origin, decided to establish educational institution in Rajasthan and, therefore, created this Trust. After creation of this Trust, the land measuring 10 Bighas was purchased at Udaipur for establishment of a Dental College and a Dental Hospital attached to it. After completing the request formalities, the petitioner Trust has also constructed building for college and hospital, the total constructed area measuring 50,000 square feet. By this time, the petitioner has opens Rs. 3 Crores approximately in t

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