S.S.Sodhi, J.

1. The controversy here is with regard to the affiliation sought by the Christian Medical College, Ludhiana, for its proposed Dental College and the conditions put forth by the Panjab University, Chandigarh, for the grant of it. Do these conditions abridge or extinguish the rights guaranteed under Article 30 (1) of the Constitution of India, being the point -in issue.

2. The Christian Medical College, Ludhiana (hereinafter referred to as "the College"), was established and is being administered by Christians and is thus admittedly a minority institution in terms of Article 30(!) of the Constitution of India.

3. According to the petitioners, the principal object of the College is to train, within a Christian environment, doctors, nurses and other medical personnel, to achieve the highest possible standards of professional service. It is to this end that the programming of the students activities, within the College and Hospital, is directed. In other words, the Management and maintenance of the College at Ludhiana, in a "true spirit of Christian Service, ideals and principles, in order to equip men and women for service, in the promotion of health and the relief of suffering."

4. Great emphasis was placed by the petitioners upon the fact that the College was being run by funds generated entirely on its own with no government aid being sought or received by it. It was, in this behalf, said that to begin with, the College and Hospital was supported by funds received from the United Kingdom and Ireland, but in later years, the Christian Church througout the World, particularly in the United States of America, German, Netherlands, Switzerland and the Common Wealth Countries, cooperated in the development of the college and Hospital, not only by contribution funds, but also personnel.

5. Giving the history of the college, the petitioners inform that it was in the year 1881 that medical missionary work was started at Ludhiana by the Green-Field sisters and other Associates who organised the Health Care Education Service. Later, in the year 1893, Dr. Edith Brown started the Northern Indian School of Medicine for Christian Women. The object of this being the training of Indian Nationals particularly, women for service in the field of medical education and health care. This continued till 1952 when the Institution came to take on its present name of the Christian Medical College. This was done in order to open up admission to both men and women students for its up-graded M. B. B. S. Course. Admissions for this Course were made for the first time in the year 1953. Now 50 students are admitted to this Course each year. Besides, this, the College, also maintains a large and modern hospital with over 700 beds.

6. Coming now to the present controversy, it was on September 22, 1988, that the Executive Committee of the College approached the proposal to start a Christian Dental College at the Christian Medical College Hospital, Ludhiana. This proposal was later also approved by the governing body at its meeting held on September 23 and 24, 1988.

7. In order to start the Dental College, the College required clearance from the Punjab Government, affiliation with the Panjab University, Chandigarh and finally the approval of the Dental Council of India. The petitioner, consequently wrote to the Punjab Government seeking its permission to start a Dental College at Ludhiana with 20 admissions per year. This permission was granted to it by the letter of the Director, Research and Medical Education, Punjab of July 20, 1989 (Annexure P-8).

8. At the same time, on December 16, 1988 the College also wrote to the Panjab University Chandigarh seeking its permission for starting the B. D. S bourse from the next academic session, (Annexure P-2). The Vice-Chancellor of the University thereupon constituted a committee to inspect the College and advice whether affiliation could be granted to it. It may be mentioned here that the College al