- (1.) HEARD Mr. M.S. Singhvi, learned Counsel for the petitioner, Mr. M.R. Singhvi, learned Counsel for respondent No. 3 and Mr. K.L. Thakur, learned Additional Advocate General for the State.
(2.) SUBSTANTIALLY , this writ application was filed challenging the letter dated 20th January, 2007 as contained in Annexure -8, issued by the Commissioner, College Education, Rajasthan, Jaipur, whereby and whereunder, a direction was issued to the petitioner - institution to show compliance of the order passed by the Apex Court in Civil Appeal No. 3241/2000 by appointing the senior most teacher to act as the Principal in charge in absence of the duly selected Principal. The petitioner - Shri Guru Nanak Khalsa College and Higher Secondary School, Sri Ganganagar is said to be a minority institution established under Article 30(1) of the Constitution. Learned Counsel appearing for the petitioner submitted that in view of the status of the institution, no outside interference was needed in day -to -day affairs of the administration of the College in question. It is also submitted that the Commissioner of College Education has no jurisdiction to interfere in the matter by issuing the letter as contained in Annexure -8, nor there was any direction of the Apex Court with regard to the functioning of the petitioner's College as decided in Civil Appeal No. 3241/2000. It is also contended by the learned Counsel for the petitioner that the petitioner - College though receives grants -in -aid from the State Government, cannot be governed by the dictates of the Administrative Authorities in day -to -day affairs.
(3.) LEARNED Counsel appearing for the respondent No. 3 and also State Counsel, on the contrary, submitted that the College in question is not a recognized minority college and the Commissioner of College Education has merely issued direction to appoint the senior most teacher as Principal in charge in compliance of certain directions issued by the Apex Court and, therefore, no interference would be required.;