MAJIDA RASHID Vs. STATE

JUDGEMENT

(1.) BY this common judgment, I propose to dispose off the above referred three writ petitions as the same involve identical questions of law and facts.

(2.) PETITIONERS are the members of teaching and non -teaching staff of Islamia College for Women, Sopore, a private Institution which was being run by the Board of Governor? It is averred in the petition that the said College was receiving grant -in -aid from the respondent/State in terms of Grant -in aid Rules, framed by the Government in this behalf. It is alleged that the said College is being governed by the Jammu and Kashmir Private Colleges Regulation and Control Act, 1984 and at one occasion, an exercise was undertaken by the respondents for taking over the College by the Government and in the meantime, the college building wherein college was housed is said to have gutted in the devastating fire of 6th January, 1993. After the college building was gutted, the management of the College declared closure of the College due to its inability to re -construct the college building and related infra -structure and due to this decision of the management of the college, the staff and the students had to suffer great hardships.

(3.) IT is further submitted that the matter was under examination of the Government and certain functionaries of the State including one of the Advisors and the then Chief Secretary had agreed that as because the college was performing a Government function for imparting education, the staff of the college should be taken over by the Government so that women wing in the Government Degree College for Boys, Sopore is commenced without any further delay. This exercise having been undertaken by certain functionaries, but finally it seems that when the matter was considered on policy decision whether to take over the management of the College and to absorb the erstwhile staff of the said gutted college, it was decided on principle that there was no necessity of taking such a step as because the students who were thrown out of the college due to gutting of the building were in the meantime absorbed in other State run local Government Degree College, Sopore. In Principle, the then Advisor after having discussed the matter with the Additional Chief Secretary (Finance), the planning Commissioner and Commissioner/Secretary for Education, had summarised the matter by stating amongst other things as follows; i. The old Islamia College for Women Sopore has ceased to exist for all practical purposes. All the students as well as fresh entrants have been accommodated in the existing Govt. Degree College Sopore. From the point of view of the educational requirements of Sopore, there is no need either thinks in terms of takeover of Islamia College for Women Sopore or expansion of the existing Government Degree College. iv. There are migrant teachers from the Gandhi Memorial College, and the Vishwa Bharti College from the Valley who will also press for similar absorption in case the present proposal is proceeded with."