CHINNAPPA REDDY - (1.) A brazen and bizarre exploitation of the naive and foolish, eager and ready-to-be-duped, aspirants for admission to professional collegiate courses, behind the smoke screen of the right of the minorities to establish and administer educational institutions of their choice is what this case is about. A society styling itself as the 'Andhra Pradesh Christian Medical Educational Society' was registered on 31/08/1984. The first of the objectives mentioned in the memorandum of association of the society was, "to establish, manage and maintain educational and other institutions and impart education and training at all stages, primary, secondary, collegiate, Post-graduate and doctoral, as a Christian Minorities' Educational Institution" Another object was "to promote, establish, manage and maintain Medical Colleges, Engineering colleges, Pharmacy colleges, Commerce, Literature, Arts and sciences and Management colleges and colleges in other subjects and to promote allied activities for diffusion of useful knowledge and training." Other objects were also mentioned in the Memorandum of Association. All that is necessary to mention here is that none of the objects, apart from the first extracted object, had anything to do with any minority. Even the first mentioned object did not specify or elucidate what was meant by the statement that education and training at all stages was proposed to be imparted in the institutions of that society "as Christian Minorities Educational Institutions. Apparently the words "as a Christian minorities' educational institutions" were added in order to enable the society to claim the rights guaranteed by Art. 30(1) of the Constitution and for no other purpose. This will become clearer and clearer as we narrate further facts.
(2.) IT is also worthy of note that neither the memorandum of association nor the articles of association make any reference to any amount of corpus with which the society and. the institutions proposed to be founded by it were to be financed initially. IT was admitted before us in answer to a question by us to the learned counsel for the appellant-society that the society had no funds of its own apart from what was collected from the students. On 27/08/1984, one Professor C. A. Adams who was one of the signatories to the memorandum of association of the society, claiming also to be the President of a self-styled National Congress of Indian Christian addressed a letter to Smt. Indira Gandhi, late Prime Minister of India, requesting that the Central Government may grant them permission to establish a Central Christian University of India in Andhra Pradesh, where Christian children would be provided with facilities for education in arts, sciences, engineering and technological courses, medicine, law and theological courses. The Petitions' officer attached to the Prime Minister's office informed Prof. Adams that his letter had been forwarded to the Ministry of Education and Culture for further action On 20/09/1984, the Deputy Secretary to the Government of India, Ministry of Education and Culture wrote to the president, National Congress of Indian Christians to the effect that universities could only be established under Acts of Parliament or of State Legislatures and there was, therefore, no question of giving permission to any organisation to establish a university. However, it was pointed out that it was open to private organisations to establish colleges of higher education which could seek affiliations to the universities in whose jurisdiction they were established. Such colleges could offer courses leading to 'university degrees only if they were affiliated to a university. Prof. Adams then wrote to the Government of India claiming that there was no legal impediment to the grant of permission by the Government to the establishment of a university. It was said that if necessary, the Government could initiate legislation also. In order to avoid further delay, the letter proceeded to state, they were starting professional courses in rural areas at Vikarabad in Rangareddy District. It was stated "to start with as per your advice, we are proposing to start the following faculties at Vikarabad where we have our Christian Hospital, High School, Church and other vacant buildings and plenty of vacant land suitable for further expansion belonging to our christian churches." The Government of India was further requested to address the University of Hyderabad to grant affiliation to their colleges and to recommend to the All-India Institution of Medical Sciences to affiliate their medical college. The Government was also requested to sanction the Central grant' for these colleges. Earlier in the letter it was also mentioned that the Prime Minister was kind enough to agree to grant permission for establishing the Central Christian University of India in Andhra Pradesh for the benefit of two crores of Christians living in India. Most of the statements in the letter are either misleading or false. That the Prime Minister had agreed to the establishment of a Central Christian University is admitted before us to be false. Similarly the reference to "our Christian Hospital, High School and Church and vacant buildings" would give an impression that the hospital, high school, etc. were institutions of the self-styled National Congress of Indian Christians. None of those institutions is even remotely connected with this so-called organisation. This was admitted before us in answer to a question by us. While Prof. Adams in his capacity as the so-called President of the National Congress of Indian Christians corresponded with the Central Government, the same Professor Adams in another capacity, namely, Chairman of the Andhra Pradesh Christian Medical Educational Society, entered into a correspondence with the Chief Minister the Government of Andhra Pradesh and the Vice Chancellor, Osmania University. He and one Christopher, who described himself as the Secretary of the Society addressed a letter to the Chief Minister claiming that under the provisions of Art. 30(1) of the Constitution, they, the Christian minority had the right to establish educational institutions of their choice and requested him to initiate necessary action for the establishment of a Central Christian University of India as suggested by the Government of India and to grant permission for establishing a Christian Medical College at Vikarabad. It was mentioned in the letter that the Government of India had informed them that either Parliament or the State Legislature had to initiate action for establishing a university, but the Government of India had permitted them to start professional colleges and seek affiliation of the University within whose jurisdiction they fell. It is unnecessary to repeat that the reference to the grant of permission was false. On 30/11/1984, Christopher, Secretary of the National Congress of Indian Christians wrote a circular letter to the Vice- Chancellors of the Osmania University, the Hyderabad Central University and eight other universities all over India requesting them to grant affiliation to their colleges. On 22/01/1985, the Registrar of the Osmania University replied stating that it was necessary for the association to submit documentary evidence regarding the fulfilment of the conditions prescribed for affiliation and to submit an application in the prescribed form. The conditions of affiliation of a medical college were mentioned as: - "1. There should be fullfledged Hospital with at least (700) beds. 2. There should be a regular out-patient deptt. Casualty Dermatology well equipped labs, Lecture Halls, Demonstration Rooms for students. 3. There should be fullfledged theatres in the College, three with seating capacity for 150 to 200 students each and one with seating capacity for 350 to 400 students, Lecture Theatres and Demonstration rooms should be provided with necessary Audio-Visual aids. In addition to the Lecture Theatres, there should be an auditorium where 800 to 1000 persons could be seated. Accommodation has to be provided for the following Departments 1. Anatomy 2. Physiology 3. Bio-Chemistry 4. Pharmacology 5. Pathology 6. Micro Biology 7. Forensic. Medicine 8. Social and Preventive Medicine 9. General Medicine 10. Surgery 11. Obstetrics and Gynaecology 12. Blood Bank. Accommodation has to be provided for the following Departments :
(3.) THE cost of equipment for pre-paraclinical is Rs. 1 crore and recurring expenditure on the pre-and Paraclinical staff is Rs. 24.00 lakhs p.a. The Management should establish the Labs. for Anatomy Physiology and Bio-Chemistry immediately.;