RAJESH BALIA,J. - (1.) Heard learned Counsel for the parties.
(2.) This petition has been filed by the petitioner, an educational trust claiming for the following reliefs: I. by an appropriate writ, order or direction, the order dated 1.8.2000 (Annex. * 16) and 3.8.2000 (Annex. 17) be declared illegal and be quashed with all consequential benefits to the petitioner. II. by an appropriate writ, order or direction, it may be declared that the Jain community falls in the religious minority in the State of Rajasthan and is entitled to exercise its right conferred by Article 30 of the Constitution of India. III. by an appropriate writ, order or direction respondents may be directed to permit the petitioner to grant admission to BDS Course from Academic Session 2000 -1 against 50% management quota in exercise of its rights as an institution run by religious minority and the respondents may 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; IV. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. V. Costs of the writ petition may kindly be awarded to the petitioner.
(3.) Reply to writ petition has been filed by respondent No. 3. No further reply is sought to be filed by other respondents and is adopted by them. The case has been finally heard as per earlier order passed by the Court on 20.8.2000. The petitioner Trust was settled by Settlor one Shri V.C. Jain. The Settlor alongwith Shri Suresh Kumar Jain, Shri Chandan Kumar Jain and Shri Naresh Kumar Jain are the Founder Patron Trustees. The Trust was to be managed by Board of Trustees consisting of the founder patron Trustees, and other members of the Board. The President, Secretary and treasurer were designated as office bearers who were to be elected by the Board of Trustees from amongst themselves. The essential condition to become a Trustee of the Trust is that the person should be a Shwetamber Jain and must originally belong to State of Rajasthan and is major and such person can become a member of the Trust on payment of a sum to be fixed by the Board of Trustees from time to time on being confirmed by the Trust Board. Clause 4(c) of the object clause of the Deed of Trust stated: The Trust is established and shall be deemed to have been established and maintained by members of the Jain community for the charitable purpose of imparting education.;