B.R.ARORA,J. - (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: (1) 60 bedded hospital be converted in 90 bedded hospital. (2) Botanical garden and laboratory (Pharmacy) be constructed. (3) Own College building be constructed. (4) Endownment of fund of seven lakh rupees be provided. (5) Own postal hostel be constructed and provided for the residence of students coming from out -side. (6) Sufficient own play -grounds be provided for games etc. (7) One qualified PTI (Academic as well as Professional) be appointed. (8) Qualified Librarian be appointed. (9). Well -furnished library reading room be provided. (10)Additional recurring and non -recurring grants be provided for purchase of library books. (11) Sufficient furniture, equipment and apparatus etc. be provided. (12) Well -equipped laboratories be provided. The University, also, directed the Principal to apply for extension of provisional affiliation for the year 1989 -90 session alongwith required fee of Rs. 1 500/ - and with the report of fulfilment of the conditions, through the Secretary, Medical and Health Department, Government of Rajasthan, Jaipur, so as to reach in the office before December 31, 1989. An application for the extension of affiliation for the year 1990 -91 was made on December 21, 1 989. After the grant of the affiliation by the University of Rajasthan, the college gave admissions to 30 students. A further supplementary list was issued by the College further admitting 14 students. One Atteque Ali, who was not admitted in the college, and who was desirous for admission in the Zubberiya Tibbiya College, Jodhpur, filed a writ petition before this court, which was registered as S.B.Civil Writ Petition No. 89 of 1990 (Atteque Ali v. Zubberiya Tibbiya College and 46 Ors.). In this writ petition, the notice to show case were issued to the respondents. The petitioner, in this Writ petition, challenges the admissions made in the Pre -Tibb and B.U.M.S. courses on the ground that admissions have been made secretly and in a clandesting manner and contrary to the Rules, framed by the University or the Board for the grant of admissions and no publicity was given and even the applications were not invited and those persons, whose admission. This petition challenging the admission for the academic session 1 989 -90, was under challenge and the Principal, Zubberiya Tibbiya College again issued a notice in the various news -papers for inviting applications for admissions in Pre -Tibb and B.U.M.S. Courses for the Academic session 1 990 -91. As certain irregularities were committed by the Principal of the College with the aid of Abdul Rasheed and the admissions were given in a clandestine manner and, therefore, the Board of Trustees, in its meeting held on July 20,1 990, passed a Resolution for staying the admission of the students in the college as the necessary conditions set -up by the University have not been complied -with and the Trust was not able to fulfil its obligations. The result of the meeting was conveyed to the Principal, but the Principal did not comply -with the directions given by the Board of the Trustees and continued with the consideration of the applications of various students for providing them admissions to Pre -Tibb and B.U.M.S. courses. As the Principal and Abdul Rasheed did not desist from the process of admitting the students, the Trust, therefore, filed a writ petition, which was registered as S.B. Civil Writ Petition No. 3532 of 1990 (Zubberiya Tibbiya Trust, Jodhpur v. University of Rajasthan and Ors.), It was prayed in that writ petition that the respondents No. 2 and 3 may be restrained from granting admissions to B.U.M.S. Degree Courses for the term 1990 -91 and they may further be directed not to grant admission till the conditions of affiliation are fulfilled. Notice to show cause was issued and the respondents were restrained from granting admission to the B.U.M.S. Degree Courses for the term 1990 -91. Respondent No. 1 was, also, restrained from granting the approval to the list of the said admissions, if prepared by the non - petitioner No. 2. This order was later on modified. The Trust as well as certain other persons made complaints to the State Government as well as to the University regarding the charging of the capitation fee from the various students for being admitted to the college as well as regarding certain other irregularities. These complaints were, also, published in the various local news - papers. After the receipt of the various complaints, the Vice Chancellor of the University of Rajasthan, appointed a Committee under the Convenorship of Dr. V.L. Verma, Dean, Faculty of Law, to enquire into the complaints received from various quarters against the Zubberiya Tibbiya College, Jodhpur. This Committee consisted of Prof. V.M. Bhandari -Dean, Faculty of Medicines and Principal and Controller, S.M.S. Medical College, Jaipur, Prof. L.N. Sharma, Dean, Faculty of Aayurved, National Institute of Aayurved, Jaipur, and Shri M.P. Jain, Deputy Registrar (Academic). This Committee enquired into the matter and after holding an enquiry and giving an opportunity of hearing to the concerned authorities of the College, submitted its report to the Board of Inspection and the Board of Inspection considered this report and vide its Resolution No. 1 dated April 22, 1991, recommended that the affiliation of the Zubberiya Tibbiya College, Jodhpur, for the I -Year B.U.M.S. Course be withdrawn -with effect from the academic session 1990 -91, and secondly, the State Government be appraised about the present situation of the College as indicated from the report of the Committee. The Syndicate of the University of Rajasthan, Jaipur, by its Resolution No. 10 dated April 29,1991, approved the recommendations of the Board of Inspection and withdrew the affiliation of the Zubbiriya Tibbiya College, Jodhpur, with effect from the academic session 1990 -91. This decision of the Syndicate was communicated to the Principal, Zubberiya Tibbiya College, Jodhpur, by the letter of the Registrar dated May 15,1991. The University, also, wrote a letter to the State Government intimating its decision and, also, requesting the State Government to appoint an Administrator for the above college to work in place of the Management Committee of the College. The Principal, Zubberiya Tibbiya College, Jodhpur, and Abdul Rasheed, Secretary, Zubberiya Tibbiya College, Jodhpur, filed writ petition No. 271 5 of 1 991 [Principal, Zubberiya Tibbiya College, Jodhpur, and Anr. v. University of Rajasthan and Ors.) and prayer that the letter dated May 15, 1991, and the Resolution of the Syndicate dated April 29, 1991, may be quashed and set -aside. A further prayer was made for quashing the order Annexure. 2. This is how that these three writ petitions have been filed, which came -up for consideration before me. All these three writ petitions have been contested by the respective parties.
(2.) HEARD learned Counsel for the parties. It is contended by the learned Counsel for the Principal, Zubberiya Tibbiya College, Jodhpur, and Abdul Rasheed that the Vice -Chancellor of the University of Rajasthan has no jurisdiction to appoint a Committee to enquire into the matter and, therefore, the enquiry made by this committee is wholly without jurisdiction and the decision of the Committee, based on this report, deserves to be quashed and set -aside as the powers for appointing the Committee vests in the Syndicate and it is only the Syndicate which could have appointed the committee. The next contention raised by the learned Counsel for the petitioners in this writ petition is that once the affiliation has been granted and the process of admission has been started, the affiliation, granted to the College, cannot be withdrawn and there is no material on record, on the basis of which the affiliation could have been withdrawn. It is, also, contended by the learned Counsel for the petitioners that before passing this order for withdrawing the affiliation, the report of the enquiry Committee was not supplied to them and, therefore, the order of withdrawing the affiliation is wholly without jurisdiction. Lastly it is contended that the enquiry made by the Committee was made in a flagrant disregard to the principle on natural justice. Mr. N.N. Mathur, appearing on behalf of the University, on the other hand, has supported the order passed by the University withdrawing the affiliation to the Zubberiya Tibbiya College. According to Mr. Mathur, in the case of emergency, the Vice Chancelor was competent to appoint the Enquiry Committee and he has rightly done so in the facts and circumstances of the case and the order, passed by the University, does not require any interference. Mr. P.C. Sharma, appearing on behalf of the Zubberiys Tibbiya Trust as well as on behalf of Atteque Ali, has contended that the Principal of the college granted admission to 44 students in the academic session 1 988 -89 without inviting any fresh applications and even those candidates were given admissions, whose admissions were cancelled by the Medical Board. His further submission is that out of total 30 students, who were to be admitted, 25 students have been admitted, who belong to Jammu and Kashmir and Uttar Pradesh and only five candidates (students) have been taken from Rajasthan. His further case is that the Principal and Abdul Rasheed are in league and they took the capitation fees from the students taking admissions in the academic year 1988 -89 and they, also, gave admissions in the academic session 1989 -90 by charging capitation fee and, therefore, his case is that the admissions, given to the various students by the Principal in course should be cancelled. A preliminary objection has, also, been raised by Mr. P.C. Sharma that S.B. Civil Writ Petition No. 271 5 of 1991 has been filed by the Principal and Abdul Rasheed, who have no authority under the Trust Deed to file the same and, therefore, the writ petition, filed by the Principal and Abdul Rasheed deserves to be dismissed as it is not maintainable. Mr. M. Mridul, appearing for the students (Respondents No. 4 to 47) in S.B. Civil Writ Petition No. 89 of 1990, has submitted that his clients were given admissions on December 12,1989 and December 26,1989 in the I year of B.U.M.S. Course and they are persuing their studies uptil now and, therefore, their admissions should not be cancelled. I have considered the rival submissions made by the 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: (9) -All suits and legal proceedings by and against the Trust will be brought in the name of the Trust through two or more Trustees. ;