STATE OF RAJASTHAN Vs. JOINT SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) All above appeals are filed by the State of Rajasthan and others under Article 225 read with Section 134 of the Rajasthan High Court Rules, 1952 against the judgment of learned Single Judge dated 17.10.2016 passed in SBCWP No.9409/2014 (Meera Siksha Samiti, Sangariya Vs. State of Rajasthan & Ors.) whereby the learned Single Judge allowed the writ petition preferred by the respondent no.1 and set aside the order dated 26.9.2014 passed by the State of Rajasthan.

(2.) As per the facts, the respondent society was running Meera Girls College and Meera Girls Higher Secondary School at Sangaria, District Hanumangarh, vide its resolution dated 25.07.2010 proposed acquisition of the educational institutions by the State Government and approached the State of Rajasthan in this regard. The Joint Secretary to the Government, Higher Education (Group-III) Department vide its order dated 31.8.2013 communicated to the Director, College Education that the State Government has accepted the request of the Managing Committee for takeover the said institution by the State Government alongwith movable and immovable assets and granted administrative sanction to takeover the private college Meera Girls College, Sangaria (Hanumangarh) . In the communication it is indicated that it bears the concurrence of Finance (Exp.I) Department and further observed that formal financial sanction will be issued separately. In pursuance to the aforesaid communication dated 31.08.2013, the Director, College Education, Rajasthan, Jaipur constituted a Committee to undertake the procedure to takeover the institution and submit the same on or before 10.09.2013.

(3.) On 04.09.2013, the Dy. Director, Planning issued a communication for seeking information. Admittedly, by registered surrender deed dated 20.09.2013 was executed by the respondent -Society in favour of Government of Rajasthan through Nodal Officer whereby the movable and immovable properties of the institution were relinquished in favour of the State. Thereafter vide communication dated 26.09.2013 issued by the Joint Director, College Education to the Joint Secretary, Higher Education (Group-III) Department, it was informed that the State Government has already issued its administrative sanction to takeover the college. On 29.09.2013, one Indraraj Singh Chetiwal was posted from Government College, Suratgarh to Government Girls College, Sangaria, Hanumangarh as Acting/Working Principal, who took over the charge on 02.10.2013 from Dr. Harmendra Singh Garcha. Thereafter, the Director, College Education by its order dated 04.10.2013 delegated the financial powers to the said Indraraj Singh Chetiwal on 04.02014 and one Smt. Manju Bishnoi was transferred from Govt. College, Kaladera to Government Girls College, Sangaria.