NAGENDRA RAI,J. - (1.) The petitioners have filed the present writ application for quashing the memo no. 408 dated 4.3.97 (Annexure -11) issued under the signature of Deputy Secretary of the Government, Department of Higher Education, Government of Bihar, respondent no.3 by which the earlier government order dated 12.2.88 granting financial recurrent grant of Rs.5,00,000/ - with effect from 1987 -88 to Sanjay Gandhi Asmarak Mahila Mahavidyalaya Sheikhpura (Munger) hereinafter referred to as the 'College ', has been cancelled and for issuance of appropriate direction to declare the decision contained in Clause 3 of the Cabinet Resolution of the respondent State dated 19.10.82 contained in Annexure -1 as unlawful, ultravires and for a further direction to pay the amount of annual recurrent grant which the college has been receiving till financial year 1996 -97.
(2.) DURING the pendency of the writ application, I.A. application was filed on 20.4.98 wherein prayer was also made to quash the letter no. 408 dated 24.5.97 issued by the Joint Secretary to the Government, Department of Higher Educatibn, Government of Bihar by which the Annual Recurring Grant of Rs.1,00,000/ - to the college granted vide order dated 12.2.1988, has been cancelled. A copy of the said order has been annexed as Annexure -12. The petitioner no. 1 is the governing body of the college and petitioner no. 2 claims herself to be the ex -officio member of the college and petitioner no.3 claims herself to be a student of the said college.
(3.) THE college in question was established in the year 1980 by the people of locality it Sheikhpura to cater the needs of the girls/women of the rural areas in the matter of education of the four districts, namely, Munger, Jamui, Nawadah and Nalanda. The College, in course of firm, acquired ten acres of land, constructed buildings, hostels etc. Sufficient numbers of students took admission in %ie college. Initially classes were started up to Intermediate and later on B.A., B.Sc. classes were also started. Duly qualified principal and teachers were appointed in 1981 and thereafter on application being filed by the college for the affiliation, the Bihar State Intermediate Council in its meeting held on 16.2.82, granted affiliation in ten faculties by letter no. 785 dated 5.3.82 and again the Council granted affiliation in 10 more subjects by letter dated 23.9.82. While granting affiliation certain directions were given to the college which were to be fulfilled within a period of six months. The college fulfilled the aforesaid direction and at the later stage, the Bhagalpur University granted affiliation up to B.A./B.Sc. Hons, standard. The teaching staff were appointed with the concurrene of the college service condition -(sic -commission?) and the posts were sanctioned by the State Government.;