State-administered public trusts remain unregistrable but require Gazette listing and a denomination-compliant management committee under Chapter X.
Public trusts administered by an agency under State Government control are excluded from registration under Section 77, even where registration is sought under Section 17. Where a temple trust is vested in the State, Chapter X requires implementation of the statutory management framework: publication in the Official Gazette of the applicable public-trust list under Section 52(2), followed by constitution of a Committee of Management under Section 53. The committee-formation process requires public notice inviting suggestions and must observe religious-denomination safeguards. The relevant list must be published within six months, and the Assistant Commissioner may determine the temple's denomination after allowing parties to produce evidence.
Issues: (i) Whether registration of a public trust whose management is vested in the State is permissible; (ii) Whether the State must initiate the statutory process for constitution of a Committee of Management for the temple; (iii) Whether the State must publish the list of public trusts to which Chapter X applies.
Issue (i): Whether registration of a public trust whose management is vested in the State is permissible.
Analysis: The temple's management stood vested in the State. Section 77 excludes the registration provisions where a public trust is administered by an agency under the control of the State Government. The rejection of registration under Section 17 was therefore consistent with the statutory exclusion.
Conclusion: Registration of the trust is not permissible; this issue is against the petitioners.
Issue (ii): Whether the State must initiate the statutory process for constitution of a Committee of Management for the temple.
Analysis: Chapter X and Section 53 require the State to constitute a Committee of Management for a public trust vested in it. Rule 36 requires a public notice inviting suggestions from interested persons before constitution of the Committee. The earlier refusal of relief under Sections 52 and 53 was inconsistent with the binding position that the temple is a Jain temple, its management is vested in the State, and the Committee must be drawn from persons satisfying the statutory religious-denomination safeguards. If necessary, the Assistant Commissioner may determine, after affording parties an opportunity to adduce evidence, whether the temple is Swetambar or Digambar for this purpose.
Conclusion: The refusal of relief under Sections 52 and 53 is set aside, and the State must commence the process for constituting a Committee of Management in accordance with law; this issue is in favour of the petitioners.
Issue (iii): Whether the State must publish the list of public trusts to which Chapter X applies.
Analysis: Since the public trust vests in the State, Section 52(2) applies. Publication of the relevant list in the Official Gazette is a legislative mandate, and the prolonged failure to publish it could not be treated as compliance within a reasonable time.
Conclusion: The State must publish the list of public trusts to which Chapter X applies within six months; this issue is in favour of the petitioners.
Final Conclusion: State administration of the trust excludes its registration but requires implementation of the Chapter X mechanism, including Gazette publication and constitution of a legally compliant management committee.
Ratio Decidendi: A public trust administered by an agency under State control is excluded from registration, but its vesting in the State attracts the mandatory statutory mechanism for publication and management through a Committee constituted with denomination-based safeguards.