Sanjeev Prakash Sharma, J. - (1.) To examine the controversy raised by the petitioner, brief facts relating to the events prior to passing of the orders dated 28/05/2014, 25/06/2014 and 11/08/2014 need to be noted.
(2.) The Rajasthan Pathya Pustak Mandal (Rajasthan Text Book Board) is a society registered under the Rajasthan Societies Registration Act, 1958. The objects and purposes of the Board are to acquire and take over the work and activities of the erstwhile National Text Book Board and with regard to the publication of the books. It is an independent society. Clause 23 and 24 of the Memorandum of Association of the Rajasthan Tax Book Board provide as under:- "23. To regulate the recruitment and conditions of service of the officers and servants of the Board subject to the rules of the Board. 24. To establish and maintain or procure the establishment and maintenance of any contributory or non-contributory Provident Fund and/or pension on superannuation, gratuities, allowances or emoluments for any person or persons who are r were at any time in the employment or services of the Board or who are or were at any time officers of the Board and the widows and families of any such persons and also establish, subsidize and subscribe to any institutions, associations, clubs or funds, calculated by the Board to be for the benefit of or to advance the interest of the well-being of the employees of the Board or towards insurance of any such persons as aforesaid and deal with any such other association as aforesaid. To pay the leave salary and pension contribution of government servants drafted to the Board."
(3.) Clause 8 provides that the said Board was working without any commercial profiteering or trading motive. The Rajasthan State Text Board Rules 1973 have been framed wherein Rule 29 provides that the Governing Council shall manage in carrying out the affairs of the Board through Executive Council. The Governing Council comprises of the Education Minister of the State as its President and the Finance Secretary, Education Secretary, The Director Panchayati Raj, the Special Secretary, Elementary Education, Director, Elementary Education, Director, Printing & Stationary Department, Director SIERT, Udaipur and two other additional members are nominated by the Government forming the Governing Counsel. There is a provision for co-opting two members additionally. Thus, the administrative and managerial control of the Governing Counsel vests completely with the Government. The Executive Council has powers and duties as per Rule 38 of the Rules of 1973 to appoint officers and employees and regulate terms and conditions of their service as per the policy laid down by the Governing Council. It also has the powers to make bye-laws which may not be inconsistent with the Rules for the purposes of efficient disposal of the business and activities of the Board. It has duty to regulate service conditions, welfare activities, salaries, honoraria, allowances, contribution and other benefits of the employees of the Board as per procedure and principles laid down by the Governing Council.;