- (1.) Heard learned Counsel for the petitioners and learned Counsel for the respondents No. 2 and 3/caveators who have filed reply to the writ petition also.
(2.) The petitioners No. 1 to 4 - Vice President, Treasurer, Parents' member and Manager of Shri Gandhi Shikshan Samiti, Gulabpura (for short 'Samiti') have approached this Court by filing writ petition challenging the order dated 7.10.2009 (Annex.P/5) relating to the taking over the charge of the Samiti and with further relief that the respondent No. 2 may be directed to handover the charge of Samiti immediately to the petitioners and also prayed for direction against the respondents not to take any action regarding dissolution of the management of the Samiti and holding fresh election. The petitioners further prayed that directions be issued against the respondent No. 3 regarding illegally taking over the charge of the samiti. Probably, the petitioners meant for rehanding over of the charge only.
(3.) As per the petitioners, the samiti is a registered society and running total 6 institutions namely, (1) Gandhi Shikshak Mahavidhyalaya; (2) Gandhi Kanya Mahavidhyalaya; (3) Shri Gandhi Sharirik Mahavidhyalaya; (4) Shri Gandhi Higher Secondary School; (5) Shri Gandhi Primary School and (6) Shri Gandhi Science and Technical Institution. The institutions No. 4 and 5 are aided institutions in which the respondent No. 1 provides 90% grant and both the institutions are guided by the Rajasthan Non-Government Education Institutions Act, 1989. The remaining institutions No. 1 to 3 and 6 are self financed institutions in which the respondent No. 1 - State do not have any grant or any aid is being given by the State.;