The Punjab and Haryana High Court has stayed the operation of a letter issued by Chief Secretary of Haryana Sikh Gurdwara Management Committee (HSGMC), informing Miri Piri Institute of Medical Sciences and Research Charitable Trust that a Medical Board for the “upliftment and functioning of the Trust has been set up”.Fixing October 16 for arguments on an appeal filed by the Trust, the division bench of Justice Suvir Sehgal and Justice Deepinder Singh Nalwa asserted: “In the meanwhile, operation of the impugned letter dated September 4, 2024, shall remain stayed till the next date of hearing.”A single judge had in May dismissed a petition filed by the Trust, challenging the communication dated September 4, 2024, by which HSGMC constituted Medical Board for the improvement and functioning of its institute. The 500-bedded hospital and medical college, constructed by the Trust, commenced working from March 2006, the bench was told during the course of hearing.The judge had observed that the petition was “sans merit and deserves to be dismissed”, thereby declining to restrain HSGMC and other respondents from interfering in the affairs of the Trust.The court had observed in its detailed order that the petitioner-Trust’s stand in the matter was that it was an independent legal entity, not governed by the Sikh Gurdwara Act, 1925. As such, it beyond the regulatory reach of the Haryana Sikh Gurdwara (Management) Act, 2014The bench, during the course of hearing, was told that the 2014 Act, extending to the entire State of Haryana, came into force from July 18, 2014. The executive board and committee constituted under its provisions had the power to manage gurdwara and gurdwara property situated within jurisdiction of state of Haryana.Going into the background of the matter, the judge had observed SGPC in December 2005 constituted Miri Piri Institute of Medical Sciences and Charitable Trust at Shahabad (Kurukshetra) for establishing a medical college and hospital.“SGPC till the filing of writ petition extended grant of Rs 111.30 crore 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 judge had observed, adding that the construction costs was fully borne by SGPC.The bench added the Trust was created to comply with mandatory statutory provisions and a Supreme Court judgment 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 the Companies Act, it can be called a limited company whose 100 per cent share capital and composition of Board of Directors is controlled by one person or a family,” Justice Bansal asserted. Haryana SGPC was represented in the matter by senior advocate Gaurav Chopra, along with counsel Rashpinder Singh Sohi, Himanshu Bindal and Darika Sikka.


