RATHORE, J. - (1.) THIS present petition is filed on behalf of the Federation of Private Medical and Dental College of Rajasthan through its President Dr. M. L. Swarnkar.
(2.) THE brief facts of the case are that the petitioner is a Federation of the Private Medical and Dental Colleges of Rajasthan, which has been constituted as per the law laid down by Hon'ble Supreme Court in the case of Islamic Academy of Education & Anr. vs. State of Karnataka & Ors. (1 ). THE purpose of the Federation is to regulate and conduct the examination of Common Entrance Test and Viva-Voce. THE Federation consists 8 members out of which two private Medical Colleges and six Dental Colleges. The controversy arose when phone calls were received by the President of the Federation from unidentified blackmailers, who have threatened and blackmailed him through phone calls to make the payment of Rs. 2 crores, failing which they will not only defame him but also release the CDs. After receipt of the phone calls the petitioner lodged a complaint on 24. 5. 2004 and upon the complaint submitted by the President of the Federation Dr. M. L. Swarnkar an FIR No. 139/2004 has been registered at P. S. Sadar Thana, Jaipur. This writ petition is filed by the Federation also against the order dated 27. 5. 2004 passed by the Principal Secretary of Higher & Technical Education Department, Secretariat, Jaipur by which the respondent No. 1 informed the petitioner regarding news clippings published in the Rajasthan Patrika dated 27. 5. 2004 wherein it is alleged that seats of private medical and dental college are sold and it was also given in the news item that the entrance examination is only an eye-wash. Looking to the seriousness of the news the petitioner Federation was called upon to submit the explanation within a period of three days. The Federation also filed this petition for seeking writ, order or direction to quash and set aside the notice under Section 91 of Cr. P. C. with further direction to respondents to conduct the investigation with regard to the blackmailers in FIR No. 139/2004. The matter was fixed on 4. 6. 2004 and the Court after hearing the parties has passed the following order, which is reproduced as under: " The petitioner submits that the blackmailers have threated the petitioner through phone call that if he will not give Rs. 2, crores, they will defame the petitioner and release the CD. The petitioner lodged a complaint on 24. 5. 2004, which was registered as FIR No. 139/2004 at P. S. Sadar Thana, Jaipur. I have also perused the impugned order dated 27. 5. 2004 passed by the Principal Secretary, Medical Education, Government of Rajasthan regarding cancellation of entrance examination dated 30. 5. 2004 for admissions to management quota seats. It was also observed in the impugned order dated 27. 5. 2004 that it has come to the notice of the Government through media reports and C. D. released by unknown person private Medical & Dental Colleges in Rajasthan have given assurance of admissions to some persons in lieu of heavy sum even before holding the examination. It is given out at bar that no FIR pursuant to this media report has been lodged against such, Medical & Dental Colleges in Rajasthan. To this effect, Superintendent of Police, Sadar, is directed to submit the explanation as to why if such serious facts have been brought to the notice of the Government through media as to why the police has not registered case against such person normally. The Police have to lodge the FIR against Medical & Dental Colleges and should have investigated into the matter. It appears that the Chairman of the Committee Hon'ble Mr. Justice Jagat Singh appointed under the order of the Hon'ble Supreme Court; to supervise the conduct of the examination, has recommended to cancel the examination immediately. In view of this fact, the Principal Secretary, Medical Education informed the petitioner Federation to inform the candidates immediately and further informed that decision of admission to the management quota would be conveyed to the petitioner separately by the State Government. Till that time, the petitioner was directed no to take any action to fill the management quota seats and to inform the management of other private Medical & Dental colleges at his level. Issue notice to the respondents to show cause why petition be not admitted, returnable by 7. 7. 2004. Notice be given Dasti. In the meanwhile, the students who applied for entrance examination through respective private Medical & Dental Colleges are provisionally allowed to appear in the entrance test conducted by University, but it shall not create any equity in their favour and this will be subject to decision of this writ petition. It is further directed to University that the result of such students will not be declared without prior permission of this Court. It is expected from the police agency that immediately after the knowledge of such incidence through media and by way of C. D. released by some unidentified person against the private Medical & Dental College, they should act in accordance with the provisions of law and investigate into the matter promptly as this is serious matter and such private Medical & Dental Colleges are playing with the fate of the students. I have also perused the Annexure-7 written by SHO, P. S. Sadar. It appears that SHO, Sadar is not properly investigating into the matter on the complaint lodged by the petitioner as FIR No. 139/2004 under Section 384 IPC and simply asking some record from the Controller Examination which are secret documents. The SHO instead of asking such documents, can only inspect the documents at the office of the Controller Examination so that the secrecy can be maintained. The SHO, Sadar is directed to remain present on the next date along with case diary. " The petition was listed on 7. 7. 2004 before this Court and the Court has observed that the members of the petitioner Federation are expected to co-operate with the investigating agency and similarly, the Government is also expected not to harass the persons concerned related to the Federation of Private medical & Dental Colleges unnecessarily. It was also expected from the State to decide and take appropriate steps regarding examination of the students as the fate of the students is at stake and whatever material is required by the State Government from the Federation, the Federation is supposed to furnish the same immediately to the Commission so that the Commission may decide this question expeditiously.
(3.) PURSUANT to the direction issued by this Court vide order dated 7. 7. 2004, on 29. 7. 2004 learned Addl. Advocate General Mr. Bharat Vyas placed a letter dated 20. 7. 2004 for perusal of this Court. Upon perusal of the letter and after hearing learned counsel for the petitioner the respondents were directed to issue examination calender for conducting the examination of the students of the Federation of Private Medical & Dental Colleges in the months of August, 2004 and shall complete the examination formalities prior to 15. 09. 2004 with the request that University to prepare the list of eligible students in accordance with the record and issue the permission letter for the examinations forthwith with the direction to complete the aforesaid exercise prior to 15. 09. 2004. Pursuant to the direction the University prepared the list of eligible candidates and issued the permission letter and also conducted the examination and the result of the examination was also declared and the respondents also prepared the merit list. So far as the examination, which was conducted by the University is concerned, the petitioner Federation has no objection but raised strong objection with regard to counseling part. Therefore, the petitioner Federation moved an application dated 10. 9. 2004 before this Court. On the application the arguments were heard at length and vide order dated 17. 9. 2004 before this Court. On the application the arguments were heard at length and vide order dated 17. 9. 2004 the application has been rejected and the respondents were given liberty to proceed further to conduct the counseling part also. It is also not disputed that the counseling is conducted by the Convener, Central PC PMT Admission Board. After conducting the counseling the Central PC PMT Admission Board allotted the students to the Private Medical Colleges and Dental Colleges and list of such students already sent to the respective Medical Colleges and the Dental Colleges. ;