- (1.) BRIEF facts giving rise to this writ petition are that the petitioner institution is a non- governmental educational institution imparting higher education to girls and boys at Jhunjhunu upto Post Graduate Level in the faculty of Science, Commerce and Arts. The following unaided faculties and courses having 1320 students are being run without any aid from the State Government:- Arts-Graduation in Geography -Post Graduation in English and Hindi Science-Graduation in Biology Post-graduation in Bombay -Computer Vocational Education-Graduation -PGDCa
(2.) THE aided course having only 924 students are as under:- A) Commerce - Graduation in the subject of ABST, EAFM and BADm Post graduation in the subject of ABST, EAFM and BAD- B) Arts- Graduation in History, Political Science, Economics, Sociology, Hindi and English Post-graduation-History, Political Science and Economics C) Science-Graduation in Maths, Physics and Chemistry. The petitioner institution also started courses of MCA, B- Pharma, Environmental Science, Bsc (Biotech), Diploma in Journalism, Msc. (Zollogy), BA (Physical Education), Bsc. (Microbiology) and they have started creating aforesaid vacancies. In the present writ petition the petitioners are challenging the order dated 17. 5. 2004, issued by the Principal Secretary, Govt. of Rajasthan, Higher Education (Group-V), Jaipur. The order dated 17. 5. 2004 has been assailed by the petitioner on several counts. In the order dated 17. 5. 2004 it has been stated that the interim reply filed by the petitioner has not been found satisfactory and the government has decided to conduct a detailed enquiry. The complaint which has been lodged against the petitioner is true and is prima facie found proved as the management of the institution is not discharging its function in accordance with the rules and the Collector has been asked to arrange for taking over charge on the same date i. e. on 17. 5. 2004 and the Collector, Jhunjhunu has issued orders on 18. 5. 2004 to appoint SDM, Jhunjhunu as an Administrator and on the same day, the SDM has assumed charge of the petitioner institution whereas this order dated 17. 5. 2004 is served upon the petitioner on 20. 5. 2004.
(3.) IT is given out by Mr. NK Maloo, learned counsel appearing on behalf of the petitioner institution that with regard to the same charges, enquiry was conducted thrice and in the earlier enquiries, nothing was found against the petitioner institution and again on the same charges, this present enquiry is initiated. Mr. Maloo submits that on 5. 1. 2004, the petitioner received a letter from the office of the Director, College Education whereby the managing committee of the college was required to give its consent for taking over/acquiring of the college by the government and this letter is placed by the petitioner as Annexure-4. Since the petitioner institution did not give consent pursuant to the letter dated 5. 1. 2004 the respondents proceeded to appoint Administrator to fulfil the promise made by local politicians of ruling party at the time of assembly elections. ;