STATE OF RAJASTHAN Vs. VIJAY SHANTI EDUCATIONAL TRUST

JUDGEMENT

(1.) 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.) 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 Women's 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 lime, the petitioner has opens Rs. 3 Crores approximately in the establishment of Dental College and the Dental Hospital attached to it at Udaipur. It is the further case 'of the petitioner that the Parliament has enacted Dentists Act, 1948 (hereinafter referred to as 'the Act of 1948'), for regulating the education in the Dental Science. Under the Act of 1948, Dental Council of India has been established for carrying out the objects of the Act of 1948. That the Trust applied to the Dental Council of India for its permission to open a Dental College at Udaipur after creating infrastructure as per the norms of the council. The Council has conducted the inspection of the College constructed by the petitioner Trust and the facilities provided therein. The Council has thereafter submitted its recommendation to the Government of India for grant of permission to the Trust to start and run the Dental College at Udaipur As per recommendations contained in the letter dated 25th January, 2000, and New Dental College has been established in the name of Darshan Dental College at Udaipur with 100 seats. The Trust had also moved the State Government for grant of Essentiality Certificate/N.O.C. for opening the dental college at Udaipur and the State Government vide letter dated 15th May, 1999 recommended the grant of such certificate with certain conditions. The University of Rajas -man initially granted No -objection Certificate on 24th August, 1999 for granting affiliation to the Trust and after conducting Inspection, wrote a letter dated 18th November, 1999 to the Dental Council of India that the petitioner Trust has adequate infrastructure and clinical material to fulfill the requirements of syllabus and regulations laid down by the Dental Council of India. In the meantime, the Trust applied to the State Government on 30.6.99 that whereas it represents a religious minority, it may be granted the status of religious minority institution. The Trust represented before the State Government that it has already obtained certificate of religious minority from the State Minorities Commission of Tamil Nadu on 23rd June, 1999. Thereupon, the Officer on Special Duty, Medical Govt. of Rajasthan informed the Trust vide its letter dated 7th September, 1999 that it should approach the Minorities Commission of Rajasthan for obtaining the status of the Religious Minority for the Trust. By this time, the Trust had already approached the Minority Commission of Rajasthan through its letter dated 3rd July, 1999 on the letter head of Darshan Dental College and Hospital, for grant of certificate of religious minority. The President of Minorities issued a 'CERTIFICATE TO WHOMSOEVER IT MAY CONCERN' on 16th September, 1998 to the following effect: -