ATTEQUE ALI Vs. ZUBBERIYA TIBBIYA COLLEGE

JUDGEMENT

(1.) THESE three writ petitions relate to the functioning, management and affiliation of Zubberiya Tibbiya College, Jodhpur, and raise a common question of fact and law and, therefore, they are being decided by this common judgment. With an object to establish an institution to impart education in Yunani Medicines and to treat the patients by Yunani methods of medicines, Zubberiya Tibbiya Trust, Jodhpur, was created, which was registered on February 6, 1980. The Trust, also, established and started a college, known as Zubberiya Tibbiya College, Jodhpur, with a view to imparting knowledge of education in Yunani Medicines. Abdul Rashid and Mohammed Ramjan were the two Authors of the Trust. By the said deed of Trust, Maulvi Astfaaq Hussain, Abdul Rashid, Maulvi Sayyed Hussain Bukhari, Mohammed Umar and Mohammed Ramjan Kadri were appointed as the Trustees. The trustees got the Zubberiya Tibbiya College affiliated with the Board of Indian Medicines, Rajasthan Jaipur, and after the recognition, granted to the College by the Board of Indian Medicines, the Central Government sanctioned a sum of Rs. 1,60,000/ - to the college. After the grant of the affiliation/ recognition by the Board of Indian Medicines, certain complaints were received by the Board against the College. Those complaints, received against the functioning of the College, were considered by the Board and the Board took a decision to cancel the affiliation/recognition granted to the College. This decision was communicated to the Principal, Zubberiya Tibbiya College, Jodhpur, vide letter dated February 28,1989. The affiliation/recognition granted to the college was cancelled on the ground that the admissions to the students are being given by charging capitation fee and the admissions are made in an irregular manner and the selections have not been made in accordance with the 'Yunani Pariksha Adhiniyam, 1980. It was, also, pointed -out in the letter that even the orders of the Board have been flouted and no reply to the letters of the Board was given by the College and/or the Trusty Even the notice to show cause remained unanswered and whatever reply was given, was not found satisfactory. The Board, therefore, withdrew the recognition with immediate effect and cancelled the admissions given by the College for the academic session 1989. Dissatisfied with the decision of the Board of Indian Medicines, Rajasthan, Jaipur, withdrawing the affiliation/recognition, the Trust preferred an appeal before the State Government and the State Government, vide its order dated July 4,1989, dismissed the appeal filed by the Trust and held that the College has violated the decision of the government regarding admissions and, therefore, the appeal cannot be accepted. While dismissing the appeal, the State Government advised the Trust to seek affiliation from the University of Rajasthan. The Trust thereafter moved an application before the University of Rajasthan for the grant of affiliation for Pre -Tibb and B.U.M.S. Courses. After the receipt of the application, an Inspection Committee was appointed by the University of Rajasthan and on the basis of the recommendation of the Inspection Committee, provisional affiliation to Zubberiya Tibbiya College for Pre -Tibb and B.U.M.S. Courses was granted for' starting Pre -Tibb Examination, 1990, B.U.M.S. - -First Year Examination, 1991, II Year Examination, 1992, III Year Examination, 1993, IV Year Examination, 1994 and Final Year Examination 1995, subject to fulfilment of the conditions recommended by the Inspector of the University of Rajasthan and the recommendation of the Central Council of Indian Medicine, if any, and with the further condition that no capitation fee will be charged by the college and if it does so, no further extension of provisional affiliation will be granted. The conditions of the affiliation, suggested by the University of Rajasthan, are as under:

(2.) HEARD learned Counsel for the parties.

(3.) BEFORE dealing with the writ petitions on merit, I would first like to consider the preliminary objection raised by Mr. P.C. Sharma regarding the maintainability of S.B.Civil Writ Petition No. 2715 of 1991. The case of the petitioner is that as per Clause 9 of the Trust Deed, all suits and proceedings by and against the Trust has to be brought in the name of the Trust through two or more trustees. The case of Mr. M.R. Singhvi, on the other hand, is that all the correspondence was addressed to the Principal and the enquiry was, also, conducted against the Principal. The letter of affiliation, by which the affiliation was granted to the College, was, also, addressed to the Principal and, therefore, the Principal and Abdul Rasheed, who is the Secretary of the Trust, are, both, competent to file the present writ petition. It is not in dispute that all the correspondence, granting the affiliation, inviting application of extension of the affiliation and regarding enquiry were addressed to the Principal, but merely because the correspondence has been made in the hand of the Principal, it will not make him a person eligible to file the writ petition. It is not the Principal or Abdul Rasheed, who is the aggrieved person by the action of the University withdrawing the affiliation, but it is actually the Trust, which has started the college in order to promote the Yunani Medical Education and as per Clause 9 of the Trust Deed, all the suits and legal proceedings are to be brought in the name of the Trust through two or more trustees. Clause 9 of the Trust Deed reads as under: