JODHPUR, SEPT 16: In an important pronouncement the Rajasthan High Court has declared Jains as a religious minority community and allowed teaching institutions set up by them to enjoy minority status under articles 29 and 30 of the Constitution.Allowing a writ petition filed by Vijay Shanti Educational Trust, Justice Rajesh Balia yesterday held that Jains constituted a separate religious community and because of their small population they come under the religious minority community.Rejecting the state government's contention that the teaching institutions established by the Jains could be provided benefit only after the issuance of a central notification under articles 29 and 30 of the Constitution, Justice Balia said the community cannot be deprived of minority status on this ground.The petitioner Trust, a body of Swetambar Jains, told the court that it had set up a dental college and hospital in Udaipur after obtaining permission from the state and central governments and Dental Council of India, and was now seeking minority status for the institution.The State Government asked the Trust to apply for the same to the state Minorities Commission which issued it a certificate last year. However, the certificate was withdrawn by the Commission on the ground that an inquiry was pending.Based on the Trust's petition, the High Court had earlier directed the state government to take decision on its application by August 31 this year.However, the government rejected the application on the ground that without central notification the institution could not be granted minority status.The Trust then filed a petition in the court and got a favourable judgement.
