As per case facts, the Miri Piri Institute of Medical Sciences & Research Charitable Trust, established by SGPC in 2005 to set up a medical college, challenged a communication from ...
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-25750-2024
Reserved on: 08.05.2026
Pronounced on: 12.05.2026
Miri Piri Institute of Medical Sciences & Research Charitable Trust
…Petitioner
Versus
State of Haryana and another …Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Puneet Bali, Senior Advocate with
Ms. Hanima Grewal, Advocate,
Mr. Lovekesh Mehta, Advocate
Ms. Parneet Kaur, Advocate and
Mr. Aakash Sharma, Advocate for the petitioner
Mr. Sanjeev Kaushik, Additional Advocate General, Haryana
and Mr. Akshit Pathania, Assistant Advocate General, Haryana
Mr. Gaurav Chopra, Senior Advocate with
Mr. Rashpinder Singh Sohi, Advocate,
Mr. Himanshu Bindal, Advocate and
Ms. Darika Sikka, Advocate for respondent No.2
***
JAGMOHAN BANSAL, J .
1. The petitioner through instant petition under Article 226 of the
Constitution of India is seeking setting aside of communication dated
04.09.2024 (Annexure P-4) whereby respondent No.2-Haryana Sikh
Gurdwara Management Committee has constituted a Medical Board for the
upliftment and functioning of its Institute. It is further seeking direction to
respondents not to interfere in its affairs.
2. As per pleadings, Shiromani Gurdwara Parbandhak Committee,
Amritsar (for short ‘SGPC’) is a statutory body constituted under Sikh
Gurdwara Act, 1925 (for short ‘1925 Act’). On 08.12.2005, SGPC
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incorporated an irrevocable Charitable Trust named as Miri Piri Institute of
Medical Sciences & Research Charitable Trust Amritsar, Shahabad
(Kurukshetra), Haryana. The incorporation of Trust was part of the
programme and project commemorating the 400
th
anniversary of the
compilation of the First Parkash of Shri Guru Granth Sahib. President
Jathedar Avtar Singh was founder of the Trust. Shri Mastgarh Sahib
Gurdwara granted 20 Acres and Sri Harmandir Sahib, Amritsar granted 5
Acres land on 99 years lease to the petitioner. The land was granted to set up
a medical college. The petitioner constructed 500 bedded hospital and
medical college. It commenced its working on 23.08.2006. Formation of the
Trust was challenged before this Court. A Division Bench of this Court in
Miri Piri College Bachao Sangharsh Samiti, Shahabad Markanda
(Kurukshetra) and others v. Shiromani Gurdwara Prabandhak Committee
and others, 2009 SCC OnLine P&H 5325 has held that there was no
illegality in the action of SGPC establishing a Trust with a view to set up a
medical college and hospital.
3. The Haryana Sikh Gurdwaras (Management) Act, 2014 (for
short ‘2014 Act’) came into force w.e.f. 18.07.2014. The validity of 2014
Act was challenged before Hon’ble Supreme Court in Harbhajan Singh v.
State of Haryana and others, (2023) 11 SCC 648. The Apex Court vide
judgment dated 20.09.2022 upheld validity of the Act. The Chief Secretary
of the Haryana Sikh Gurdwara Management Committee vide impugned
letter dated 04.09.2024 informed the petitioner that Medical Board for the
upliftment and functioning of the Trust has been set up. The petitioner till
date has received grant of ₹111.30 Crores from SGPC.
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4. Learned Senior counsel representing the petitioner submits that
petitioner was constituted as Trust by SGPC. It has an independent identity.
The assets owned and controlled by Trust do not fall within the definition of
‘Gurdwara’ and ‘Gurdwara property’. The petitioner being Trust does not
fall within the definition of ‘Gurdwara’ and its properties do not fall within
the definition of ‘Gurdwara property’. A Division Bench of this Court in
Miri Piri College Bachao Sangharsh Samiti (supra) has held that SGPC
has rightly created Trust for setting up a Medical College-cum-Hospital.
There is no illegality in the action of SGPC. By said judgment, the petitioner
has been recognized as an independent entity. The respondent has no
authority to take over activities/functions of the petitioner. The respondent
could take over functions of petitioner had the petitioner been a Gurdwara or
its property been ‘Gurdwara property’. The institute is run by a Trust which
is not controlled by any Gurdwara, thus, petitioner neither falls within ambit
of 1925 Act nor 2014 Act. The petitioner is lessee of land owned by SGPC
and Shri Mastgarh Sahib Gurdwara. In view of lease rights, the petitioner is
in possession and has right to use property in the manner it finds appropriate.
5. Per contra, learned Senior counsel for respondent No.2 submits
that petitioner-Trust was created for a limited purpose. Land belonging to
the Gurdwara was leased out to the petitioner. All the Trustees were and are
appointed by SGPC. Head office of the petitioner is in the premises of
SGPC, Amritsar. The properties of petitioner fall within the definition of
‘Gurdwara property’.
6. Heard the arguments and perused the record.
7. The conceded position emerging from the record is that the
SGPC in December’ 2005 constituted a Trust known as Miri Piri Institute of
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Medical Sciences & Charitable Trust, Shahabad (Kurukshetra) Haryana.
President of the SGPC was founder and 9 more persons selected by SGPC
were appointed as Trustees. As per Trust Deed dated 08.12.2005, the Board
of Trustees shall consist of Founder and Trustees which shall not be less
than five and not more than fifteen. The President of SGPC shall always be
ex-officio Chairman of the Trust. Executive Committee of SGPC has right to
make appointment of Trustees. SGPC till the filing of writ petition extended
grant of ₹111.30 Crores to the petitioner. Shri Mastgarh Sahib Gurdwara as
well as Sri Harmandir Sahib, Amritsar gave on lease land to the Trust where
medical college has been set up. The State of Haryana has introduced 2014
Act which extends to whole State and it came into force w.e.f. 18.07.2014.
As per 2014 Act, Executive Board and Committee constituted under
Sections 16 & 3 respectively has power to manage Gurdwaras and Gurdwara
property situated within jurisdiction of State of Haryana.
8. As per petitioner, it is an independent entity. It is not controlled,
managed or supervised under 1925 Act. It was set up by SGPC, however, it
attained independent identity because it was constituted as a Trust. It is
settled law that Trust is an independent entity. Though the petitioner has
received land as well as grant from SGPC for setting up medical institute
and Executive Committee of the SGPC is empowered to appoint its Trustees
yet it has separate and independent entity. Its properties do not fall within
expression ‘Gurdwara property’ as defined under Section 2(f) of 2014 Act.
The respondent is claiming that properties owned and
controlled by petitioner are actually properties of SGPC. The SGPC created
petitioner-Trust and retained full control over petitioner’s activities. The
Trust is governed by 1925 Act. It has no separate entity. Land which is in the
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possession of petitioner is still owned by SGPC. After 2014 Act, the
respondent has become entitled to take over all the assets and activities of
institutions or Trusts which were earlier managed by SGPC. Section 54 of
2014 empowers respondent to take over possession of ‘Gurdwara property’.
Section 54 reads as:
“54. (1) From the date of commencement of this Act, the
provisions of Sikh Gurdwara Act, 1925 shall cease to have
any application within the territory of the State of Haryana.
(2) Any rule made under the Sikh Gurdwara Act, 1925 or
regulations framed by the corresponding legislation on the
subject shall continue to be operative within the territorial
jurisdiction of the State of Haryana for the purposes of
implementation of this Act as far as till the said rules or
regulations are suitably amended or re-drafted by the
Haryana Government or the Haryana Sikh Gurdwara
Management Committee, as the case may be.
(3) Notwithstanding the over-riding effect of this Act
within the territorial jurisdiction of the State —
(a) any appointment, notification, order or rule made or
issued under the 1925 Act shall, in so far as it is not
inconsistent with the provisions of this Act shall,
continue in force and be deemed to have been made or
issued under the provisions of this Act unless and until
it is superseded by any legislation, notification, order ,
rule or regulations made or issued under the
corresponding provisions of this Act;
(b) all budget estimates made, all obligations and
liabilities incurred, all contracts entered into and all
matters and things sought to be done by, with or for
the Punjab Sikh Gurdwara Board shall be deemed to
have been made, incurred entered into or sought to be
done by, with or for the Committee under the
provisions of this Act;
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(c) all Gurdwara property, movable and immovable and
all interests of whatsoever nature and contained
therein, belonging or due to the Punjab Sikh
Gurdwara Board, immediately before such
establishment, shall, with all rights, powers and
privileges of whatsoever description, used, enjoyed or
possessed by the said Board, vest in the Committee
and the Executive Board to be constituted under
section 16 on the commencement of this Act;
(d) all sums of money including rents due to the Board
immediately before such establishment shall be
deemed to be due to the Committee;
(e) all suits and other legal proceedings instituted or
which might have been instituted by or against the
Punjab Sikh Gurdwara Board may be continued or
instituted by or against the Haryana Sikh Gurdwaras
Management Committee;
(f) any will, deed or other instrument which contains any
bequest, gifts or trusts in favour of the Board shall
from such establishment, be construed as if the
Committee were therein named instead of the said
Board or Trust;
(g) provisions of Haryana Rent (Control and Eviction)
Act, 1973 shall not apply to the Gurdwara immovable
property or any building managed by the Gurdwara
Committee or Gurdwara Executive Board.”
9. From the arguments of both sides and pleadings, it comes out
that dispute is confined to interpretation of expression ‘Gurdwara property’
defined under Section 2(f) of 2014 Act which reads as:
“2(f) “Gurdwara property” means,-
(i) all movable and immovable property of a
Gurdwara or any institution which, immediately
before the appointed day vested or was kept in
deposit in the name of any Board, Trust,
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Committee, Gurdwara Management or was
being regulated under the provisions of the Sikh
Gurdwaras Act, 1925 or rules made
thereunder;
(ii) all offerings in cash or kind made to various
Gurdwaras or institutions managed or
controlled by any Committee, Board, Trust or
regulated under the provisions of the Sikh
Gurdwaras Act, 1925 immediately before the
appointed day;
(iii) all property in cash or kind, movable or
immovable that may be acquired, purchased,
exchanged or otherwise kept under the
management of Gurdwaras or the Committee or
the Trust or Board, from time to time;
(iv) all grants, donations, contributions or offerings
made, from time to time, by any person(s) or
authority or any juristic person to the
Gurdwaras or the committee and also includes
any actionable claim or a negotiable instrument
with respect to any such Gurdwara or any
property under its control.”
10. The expression ‘Gurdwara’ has been defined under Section
2(e) of 2014 Act which reads as:
“2(e) “Gurdwara” means the Sikh Gurdwara situated in the
State as were, immediately before the appointed day,
being managed by or affiliated to any Board,
Committee or Shiromani Gurdwara Parbandhak
Committee and were being governed under the
management, control and supervision of the Sikh
Gurdwaras Act, 1925 or any other corresponding law,
if any, on the subject and also includes historical Sikh
Gurdwaras, notified Sikh Gurdwaras or a local
Gurdwaras.”
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11. To determine nature of the properties of the petitioner and
answer conundrum drawn by parties, it would be inevitable to examine
source of the property and authority having management and control over
the property.
The petitioner is a Trust and its functions/activities are managed
and controlled by Trustees. There is always a founder of the Trust. In the
present case, President of SGPC was founder of the Trust. All the first
Trustees were nominated by SGPC. All the subsequent appointments of
Trustees are made by SGPC. The Trust was created to set up a medical
college & hospital. Relevant clauses of the Trust Deed read as:
“NOW THIS DEED WITNESTHS AS UNDER: -
XXXX XXXX XXXX XXXX
2. That the head office of the Trust shall be in the
premises of Shiromani Gurdwara Parbandhak
Committee, Amritsar.
XXXX XXXX XXXX XXXX
4. Board of Trustees:
a) The trust shall be governed by Board of Trustees
including ‘Founder’ of the Trust. The Board of
Trustees shall consist of Founder and Trustees which
shall be not less than five and not more than fifteen.
b) The term of board of trustees shall be for four years.
Jathedar Avtar Singh the founder shall be the
permanent trustee for life. The president of SGPC shall
always be ex-officio chairmen of the trust.
c) In case of appointments of trustees due to death or in
capacity or for any other reason and for filling the
vacant posts of trustees, the decision for Executive
Committee of SGPC shall be treated as final.
d) The Executive Committee of SGPC has appointed the
trustees hereinafter for the first term of four years from
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the date of registration of the trust. After expiry of first
terms of four years, the Executive Committee of SGPC
shall be competent to appoint trustees for death,
incapacity or any other reason the Executive
Committee of SGPC shall fill the vacancy as soon as
possible.
e) Trustees shall nominate the Vice President and
Secretary of the trust who shall perform the duties as
allotted by the Board of Trustees.
XXXX XXXX XXXX XXXX
8. Accounts:
XXXX XXXX XXXX XXXX
(iv) That if upon the dissolution or winding up of the Trust,
there shall remain after the satisfaction of all its debts
and liabilities, any property whatsoever, the same
shall not be paid to or distributed amount Founder or
Trustees, but shall go to Sri Harmandir Sahib, Sri
Amritsar.”
12. A dispute erupted with respect to jurisdiction of SGPC to create
a Trust for the purposes of setting up a medical college & hospital. Setting
up of Trust and utilization of SGPC’s funds was objected on the plea that
SGPC can and ought to itself establish the proposed hospital or the proposed
medical college. The matter reached to Division Bench of this Court in Miri
Piri College Bachao Sangharsh Samiti (supra). It was contended on behalf
of SGPC that powers and functions of SGPC are wide enough to include
power to create a Trust for achievement of the objects underlying the Act.
Setting up of medical college & institute constitutes one of the legitimate
activities of the Committee/Board on which funds may be spent without any
legal infirmity. It was necessary to create such a Trust not only because of
provisions of Medical Council Act but also judgment of Hon’ble Supreme
Court in Unikrishnan, JP v. State of A.P., (1993) 1 SCC 645. As per
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Medical Council Act and aforesaid judgment, a professional college can be
established and/or administered only by a Society registered under the
Societies Registration Act or by a Public Trust.
This Court deeply scrutinized different provisions of 1925 Act.
It was noticed that Section 106 of 1925 Act permits Board to utilize surplus
sum or income for particular and specified religious, educational or other
charitable purposes or any other purposes which promote social welfare.
Establishment of hospital and medical college is for charitable and
educational purpose. Any expense incurred by the Board on such projects
would, therefore, be a legitimate expenditure. So long as the expenditure is
incurred for a purpose which is legitimately permissible under the Act, it
makes little difference, whether the actual incurring of the expenditure is by
the Committee or an agent employed or instrumentality set up by it. The
relevant extracts of the judgment read as:
“14. We may also refer to Section 125 appearing in
Chapter X which stipulates the powers and duties of the
Board generally. It inter alia provides that the Board shall
ensure that every Committee deals with the property and
income of the Gurdwara or Gurdwaras managed by it, in
accordance with the provisions of this Act, and for the
fulfillment of its duty. The control direction and general
superintendence over all committees appointed under the
provisions of the Act shall vest in the Board. Section 127
deals with power of the Board to hold and administer trust
funds for purposes of a religious, charitable, educational or
industrial nature, whether such funds are derived from
allotments duly made by a committee out of the surplus funds
or income of a gurdwara under its management or from
donations, or contributions or endowments made direct to the
Board for such purposes. Section 130 empowers the
Committee and the Board to settle a scheme for the proper
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administration of the property, endowments, funds and
income of a notified Sikh Gurdwara, which scheme once
framed has the force of law in terms of Section 130(5) of the
Act. Section 131, however, excludes the provisions of Section
130 from applicant to Committee constituted under the
provisions of Section 85 of the Act.
15. A conspectus of the above provisions makes it manifest
that the funds available with the Management Committee
constituted under Section 86 of the Act or the Board which is
in terms of Section 85 of the Act the management Committee
for the Gurdwaras enumerated under the said provision have
the power to spend the funds available with them on purposes
that are religious, charitable, or educational. That setting up
of a medical college and hospital would constitute one of the
legitimate activities of the Committees and the Board on
which the funds available with either one of them could be
spent without any legal infirmity in such expenditure was not
disputed even by Mr. Rahi, counsel appearing for the
petitioners. Indeed the argument of Mr. Rahi was that the
SGPC can and ought to itself establish the proposed hospital
or the proposed medical college. What according to the
learned counsel made any such enterprise illegal and
impermissible was the fact that instead of establishing and
running the college, the SGPC had created an independent
legal entity in the nature of a trust to perform that function
and to undertake that activity. This was according to learned
counsel not permissible having regard to the scheme and the
provisions contained in the Act. We, however, regret our
inability to accept that line of reasoning. As noticed earlier,
the establishment of a hospital and a medical college is a
charitable and educational purpose. Any expense incurred by
the Board on such projects would, therefore, be a legitimate
expenditure. What is important is that so long as the
expenditure is incurred for a purpose which is legitimately
permissible under the Act, it makes little difference, whether
the actual incurring of the expenditure is by the Committee or
an agent employed or instrumentality set up by it. We could
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understand if the instrument or the agency created by the
Board/Committee was tantamount to an abdication of its
function or if the arrangement could be said to be a device
intended to siphon out the funds of the Board/Committee by
placing the same in the hands of a agency over which the
Board/Committee had no control. But that is not the position
in the instant case. The Trust deed, a copy whereof, has been
placed on record is comprehensive and makes the entire
exercise look perfectly transparent and genuine. It recalls
that on the initiative and appeal of the President of the
Shiromani Akali Dal, the Executive Committee of the
Shiromani Gurdwara Parbandhak Committee has decided to
set up a trust with legal process as a part of the programme
and project commemorating the 400th anniversary of
compliation of Ist Parkash of Sri Guru Granth Sahib and that
the Committee has decided to create a public charitable trust
to meet the objects mentioned in the deed for the benefit of the
public at large without any distinction of religion, caste,
creed or faith particularly for establishment, maintenance,
running, development, improvement and extension of an
institution or institutions for research on science and
technology including medical and educational institutions.
The deed accordingly establishes a trust called Miri Piri
Institute of Medical Sciences and Research Charitable Trust,
Shahbad, Kurukshetra, with its head office in the premises of
Shiromani Gurdwara Prabandhak Committee at Amritsar.
The objects of the trust include the following:
1. Arrangement of medical services of all kinds to all
persons of any status and provide free and
subsidized medical facilities and medicines etc. to
the deserving patients regardless of their religion,
caste or creed to which they may belong.
2. Establishment of a hospital or a nursing home
with all kinds of medical and surgical facilities.
3. To establish, maintain, run, develop, improve etc.
of hospitals, clinics, dispensaries, sanatoria,
maternity homes etc.
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4. To impart medical education and to make
research in any branch of medicine and surgery
5. To establish, maintain, run, develop dental and
nursing institutions, schools, colleges,
Universities, Industrial Technological and other
Art Crafts and Science Institutions etc.
6. To undertake all activities which are of a
philanthropic humanitarian or charitable nature.
16. It is noteworthy that the Board of Trustees of the Miri
Piri Trust includes the ‘Founder’ of the Trust namely
Shiromani Gurdwara Parbandhak Committee through its
President and a minimum of 04 others as members and the
total no more than 15. The following paragraph in the trust
deed gives complete control to the SGPC over the trust:
“The Executive Committee of SGPC has appointed the
trustees hereinafter for the first term of four years from
the date of registration of the trust. After expiry of first
term of four years, the Executive Committee of SGPC
shall be competent to appoint trustees for the next term
and so on in future. In case of vacancy of post of
trustee due to registration, death, incapacity or any
other reason the Executive Committee of SGPC shall
fill the vacancy as soon as possible.”
17. It is, from the above, evident that the trust is closely
held by the Founder namely Shiromani Gurdwara
Parbandhak Committee. With the all important powers of
nominating the trustees and filling up the vacancies vested in
the latter, it is in that view difficult to say that there has been
any abdication on the part of the SGPC in the discharge of its
functions under the Act or that an agency which is alien to the
scheme of the Act has been brought in, to carry out some of
the functions that legitimately fall within the domain of the
SGPC's functions under the Act.”
18. The respondents have also justified the need for
creation of the trust by reference to the legal complications
arising from the regulations framed by the Medical Council
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of India in exercise of its powers under Section 10-A read
with Section 33 of the Indian Council Act, 1956.
Establishment of Medical College Regulations, 1999, inter
alia provide criteria for establishment of a medical college
only in terms of a scheme stipulated by the said regulations.
The scheme in turn provides for the eligibility criteria in the
following words:
“Qualifying Crieteria
The eligible persons shall qualify to apply for
permission to establish a medical college if the following
conditions are fulfilled:
1. that medical education is one of the objectives of the
applicant in case the applicant is an autonomous body,
registered society or charitable trust.
2. that a suitable single plot of land measuring not less
than 25 acres is owned and possessed by the person or
is possessed by Civil Writ Petition No. 4914 of 2008 20
the applicant by way of 99 years for the construction
of the college.
3. that Essentiality Certificate in Form 2 regarding No
objection of the State Government/Union Territory
Administration for the establishment of the proposed
medical college at the proposed site and availability of
adequate clinical material as per the council
regulations, have been obtained by the person from the
concerned State Government/Union Territory
Administration.
4. that Consent of the affiliation in Form-3 for the
proposed medical college has been obtained by the
applicant from a University.
5. that the person owns and manages a hospital of not
less than 300 beds with necessary infrastructural
facilities capable of being developed into a teaching
institution in the campus of the proposed medical
college.
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6. that the person has not admitted students to the
proposed medical college.
7. That the person provides two performance bank
guarantees from a Scheduled Commercial Bank valid
for a period of five years, in favour of the Medical
Council of Civil Writ Petition No. 4914 of 2008 21
India, New Delhi, one for a sum of rupees one hundred
lakhs (for 50 admissions), rupees one hundred and fifty
lakhs (for 100 admissions) and rupees two hundred
lakhs (for 150 annual admissions) for the
establishment of the medical college and its
infrastructural facilities and the second bank
guarantee for a sum of rupees 350 lakhs (for 400
beds), rupees 550 lakhs (for 500 beds) and rupees 750
lakhs (for 750 beds) respectively for the establishment
of the teaching hospital and its infrastructural
facilities:
Provided that the above conditions shall not
apply to the person who are State Governments/union
Territories if they give an undertaking to provide funds
in their plan budget regularly till the requisite
facilities are fully provided as per the time bound
programme.
8. Opening of a medical college in hired or rented
building shall not be permitted. The Medical college
shall be set up only on the plot of land earmarked for
that purpose as indicated.”
13. From the perusal of above-cited judgment, it is evident that
Court upheld creation of the petitioner-Trust because of objects of the Trust
and composition of the Trustees. It was categorically held that an act which
can be legitimately done directly can also be done indirectly. SGPC has
power to spend money for setting up of a medical college, however, Trust is
constituted to comply with statutory provisions and judgement of Supreme
Court governing setting up and functioning of a medical college and
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hospital. The petitioner is relying upon said judgment and as per said
judgment, Trust was created as per provisions of 1925 Act and everything
was controlled by SGPC. Its creation was upheld in view of objects of the
1925 Act and stand of the SGPC that they have created Trust to comply with
statutory provisions otherwise they must have directly set up medical college
and hospital. It shows that object of creation of the Trust was not to create a
separate legal entity but to comply with statutory provisions and judgment of
Supreme Court.
14. A conspectus of above-narrated chain of events reveals that it
was SGPC or a Gurdwara managed by SGPC which let out 25 acres land to
the Trust. Ownership of the land is still with SGPC, however, possession is
with the Trust. Cost of the construction was fully borne by SGPC. All the
first Trustees were appointed by SGPC. President of the SGPC is ex-officio
Chairman of the Trust. Head office of the Trust is in the premises of SPGC,
Amristar. The Trust was created to set up a medical college and hospital.
Reason to create Trust was to comply with mandatory statutory provisions
and judgment of the Supreme Court governing setting up of medical college
and hospital. These factors collectively indicate that SGPC has wide and
pervasive control over the Trust. In the sense of Companies Act, it can be
called a limited company whose 100% share capital and composition of
Board of Directors is controlled by one person or a family. The petition has
been filed through a Chief Executive Officer who was not authorized by
Trustees in their meeting. There is nothing on record disclosing that Trustees
had held a meeting and resolved to challenge act of the respondent.
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15. Now the stage is ready to examine applicability of expression
‘Gurdwara Property’ defined under Section 2(f) of 2014 Act to the present
case. There are following attributes of aforesaid section:
i) There is movable or immovable property,
ii) It is with a Gurdwara or any institution,
iii) It immediately before the appointed day was vested or
kept in the name of any Board, Trust, Committee,
Gurdwara Management,
or was being regulated under the provisions of the Sikh
Gurdwaras Act, 1925 or rules made thereunder.
In the case in hand, there are movable and immovable
properties which are with an Institution, thus, there is compliance of first
two ingredients. Ownership of the entire 25 acres land is with the
Gurudwara/SGPC and petitioner-Trust is a lessee. The properties before the
appointed day were kept in the name of Trust. Thus, there is compliance of
third limb of the section. It is apt to notice here that words and expression
‘was being regulated under the provisions of the Sikh Gurdwaras Act, 1925’
used in the aforesaid Section are preceded by conjunction ‘or’. It means
property may be kept in the name of Board/Trust/Committee or it may be
regulated under the provisions of the 1925 Act. In the present case, movable
and immovable property was with an Institution and before the appointed
day i.e. 18.07.2014 was in the name of a Trust, thus, it for intents and
purposes falls within definition of ‘Gurdwara Property’.
16. The petitioner-Trust was created by SGPC and all the Trustees
were/are appointed by SGPC. Property held by petitioner was given by
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SGPC as grant or lease. Head office of the Trust is in the office of SGPC,
Amritsar. President of the SGPC is ex-officio Chairman of the Trust. If at
any stage, Trust is closed, as per Clause 8(iv) of the Trust deed all the
properties of the Trust would go to Sri Harminder Sahib, Amritsar. SGPC
created Trust because as per statutory provisions and judgment of Supreme
Court, it could not set up a Medical College and Hospital. All these factors
collectively establish that property of the petitioner is actually property of
the SGPC.
17. In the wake of above discussion and findings, this Court is of
the considered opinion that present petition sans merit and deserves to be
dismissed and accordingly dismissed.
(JAGMOHAN BANSAL)
JUDGE
12.05.2026
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Date of uploading: .05.2026
In a significant ruling, CWP-25750-2024, now available on CaseOn.in, delves into the critical interpretation of the Haryana Sikh Gurdwara Management Act, 2014 and the definition of 'Gurdwara property'. This judgment clarifies the extent of control a newly formed Haryana Sikh Gurdwara Management Committee can exert over institutions originally established by the Shiromani Gurdwara Parbandhak Committee (SGPC) in the region.
The petitioner, Miri Piri Institute of Medical Sciences & Research Charitable Trust, approached the High Court seeking to set aside a communication dated 04.09.2024 from respondent No.2-Haryana Sikh Gurdwara Management Committee. This communication constituted a Medical Board to oversee the 'upliftment and functioning' of the Trust's Institute. The Trust also sought directions to prevent the respondents from interfering in its operations. At its core, the case questions whether the Trust and its assets fall under the legal definitions of 'Gurdwara' and 'Gurdwara property' as stipulated by the 2014 Act.
This Act, effective from July 18, 2014, is central to the dispute. Section 54 empowers the newly constituted Executive Board and Committee to manage Gurdwaras and Gurdwara property within Haryana. Crucially, Section 2(f) defines 'Gurdwara property' as:
Similarly, Section 2(e) defines 'Gurdwara' as Sikh Gurdwaras in Haryana managed by or affiliated with any Board, Committee, or SGPC, and governed by the 1925 Act or corresponding laws.
The SGPC, a statutory body under the 1925 Act, established the Miri Piri Institute Trust in December 2005. The court examined sections like 106 (utilization of surplus funds for charitable/educational purposes) and 127 (power to administer trust funds) to understand SGPC's authority in creating such an entity.
The High Court meticulously considered the arguments from both sides, focusing on the true nature of the Miri Piri Institute Trust and its relationship with the SGPC.
The petitioner contended that as a legally constituted Trust, it possesses an independent identity, distinct from a Gurdwara. Its properties, they argued, do not fall under the 'Gurdwara property' definition, and the 2009 P&H judgment recognized its separate status. The Trust claimed to be a lessee of the land, implying a right to independent possession and use.
Conversely, respondent No.2 asserted that the Trust was created for a specific purpose by SGPC. They highlighted several crucial points:
The High Court acknowledged the 2009 P&H judgment but clarified its scope. The previous ruling upheld the creation of the Trust as a legitimate means for SGPC to achieve its objectives, particularly to comply with external regulatory requirements for running a medical college. It did not declare the Trust completely independent from SGPC's control or its assets outside the purview of Gurdwara property.
The court observed that SGPC had 'wide and pervasive control' over the Trust, akin to a company where a single entity controls 100% of the shares and the board of directors. The very genesis of the Trust was a strategic move to satisfy statutory provisions for running a medical college, rather than to establish a truly separate legal entity unlinked from SGPC's assets.
Applying Section 2(f) of the 2014 Act, the court found:
Legal professionals seeking quick insights can find the essential takeaways of this judgment through CaseOn.in's concise 2-minute audio briefs, a valuable tool for staying updated on complex rulings.
The High Court concluded that the Miri Piri Institute of Medical Sciences & Research Charitable Trust, despite its form as a Trust, remained under the pervasive control of the Shiromani Gurdwara Parbandhak Committee. The Trust was essentially an instrumentality created by SGPC to fulfil its charitable and educational objectives while complying with specific legal requirements for operating a medical college. Given SGPC's continued oversight, the origin of funds and land, and the Trust Deed's provisions, the properties of the petitioner were deemed to fall within the definition of 'Gurdwara property' as per the Haryana Sikh Gurdwaras (Management) Act, 2014. Consequently, the Haryana Sikh Gurdwara Management Committee has the authority to intervene in its affairs, and the petition seeking to prevent such intervention was dismissed.
This judgment offers crucial insights into the interplay between statutory bodies, charitable trusts, and the definition of 'property' in specific legislative contexts. For lawyers, it clarifies the parameters of 'Gurdwara property' under the 2014 Act, particularly when entities are established as trusts but retain deep links to the parent statutory body. It underscores the importance of examining the substance of control rather than just the form of an entity. For law students, it serves as an excellent case study on statutory interpretation, the piercing of the corporate/trust veil in specific contexts, and the application of legal precedents in evolving legislative landscapes. Understanding how courts interpret 'regulation' and 'control' in such situations is vital for practice in trust law, property law, and administrative law.
All information provided in this analysis is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult a qualified legal professional for advice regarding specific legal issues.
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