V.M.Sahai, J. - (1.) The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, district Sant Ravidas Nagar (in brief gaon sabha). He has filed this petition for quashing transfer of gaon sabha land, by the respondents, in favour of a private samiti for opening a girls college under the Government scheme for encouraging education amongst girls in "asevit vikas khand". The order is challenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure.
(2.) In 1994, the Government issued an order for encouraging higher education for girls in rural areas. It permitted private bodies to open and establish colleges in such areas and if someone was willing to make land available, the Government was willing to grant rupees ten lakhs. This order is not on record. It was modified on 31.5.1995. The conditions for grant for establishing a private institution under Government order 1995 provided that the private institution could be established only if the block was known as 'asevit vikas khand' and there was no other private high school/college from before. Paragraph 2 of the schedule provided that the department would decide in any financial year, on availability of fund, the blocks in which private institutions could be established and get its decision published in local newspapers inviting applications from willing societies. Paragraph 3 laid down the conditions to be fulfilled by any society making an application, the main being that the society should be registered and it should have income to run the institution. Paragraph 4 provided the procedure for making application. Clauses (a) and (b) of the paragraph provided that the society having its own land, etc. would be given preference. Paragraph 5 provided that all the applications received within time shall be placed for consideration before a committee presided by the District Magistrate (in brief D.M.), with Sub-Divisional Magistrate (in brief S.D.M.) and District Inspector of Schools (in brief D.I.O.S.) as other members. The committee was required to decide within fifteen days in the light of priorities laid down, as to which society was entitled to establish the institution. It further provided that the committee, through the D.I.O.S. would forward its recommendation to the Director of Education who in his turn would forward the papers relating to transfer of land and sanction of grant with his comment to the State Government and for recognition to Secondary Education Board. Paragraph 7 of the order mentioned the facilities which the State would provide to the selected society for establishing the institution. Clause (a) of this paragraph laid down that if the selected society did not have any land of its own, the State in case of necessity would make one acre or more land or gram samaj available to it. Clause (b) provided that in case no land of gram samaj was available or it was not available at a proper place then it would be acquired for such society.
(3.) On 20.12.1998 another order for establishing private institutions in 'asevit vikas khand' was issued. It superseded the earlier orders issued in 1994 and 1995 but permitted the proceedings initiated under earlier orders to continue and provided that it shall be deemed to be under 1998 order. Paragraph 3 of the order explained 'asevit vikas khand' to mean a block where there was no private or Government high school or intermediate college. This order permitted establishing of more than one institution in a block irrespective of the fact whether the earlier institution was Government or private, with condition that there would not be more than two institutions in one block. Clause (d) of paragraph 8 provided that the facility of making available gram samaj land or for acquisition of land was being withdrawn. The society would have to arrange its own land. The amount of grant was increased to Rs. twenty lakhs.;