JUDGMENT 1. - These two writ petitions involve common questions of law and fact and therefore, they are being disposed of by this common order. 2. Miss Madhu Lata Garg, petitioner in Writ Petition No. 74/79, was appointed as a Lecturer in Nehru College, Deoli, District Tonk, with effect from 6.9.1975, after having been selected by a Committee duly constituted. Nehru College, Deoli was recognised and affiliated with the University of Rajasthan in the year 1976. Appointment of the petitioner Miss Madhu Lata Garg was duly approved by the University of Rajasthan. She was confirmed on the permanent post of Lecturer in Political Science with effect from 9th August, 1977 (vide Annexure-4). According to the petitioner. Govt. of Rajasthan wanted to take over Nehru College and therefore, Assistant Secretary, Education Department, Government of Rajasthan, vide his letter dated 22nd June, 1977 addressed to the Director, College Education, and copy endorsed to the Principal, Nehru College, Deoli, stated as under : '"I am directed to say that it is under consideration of the Government to take over the Nehru College, Deoli. If it is taken by the Government it would not be possible for Government to absorb the staff of the said College permanently because number of such Persons are working in our department in a temporary capacity and they are made permanent only on selection by the Rajasthan Public Service Commission. However, as a special case, it was agreed that the Lecturers working in Deoli College, if they possess the minimum qualifications and those who have been selected by the Selection Committee having representative of the University may be given temporary appointment on the Collegiate side. For permanent absorption they will have to appear before the PSC." Ultimately, Nehru College, Deoli was taken over by the Government of Rajasthan in November, 1977 and was renamed as Government College, Deoli (Tonk). 3. When the petitioner, Miss Madhu Lata Garg, was initially appointed in the year 1975, to the post of Lecturer in Political Science, she possessed minimum qualifications as were prescribed for recruitment to the corresponding post of Lecturer in Government Colleges of Rajasthan. 3. When the petitioner, Miss Madhu Lata Garg, was initially appointed in the year 1975, to the post of Lecturer in Political Science, she possessed minimum qualifications as were prescribed for recruitment to the corresponding post of Lecturer in Government Colleges of Rajasthan. After taking over the College, the petitioner was further appointed as a Lecturer in Political Science at Government College, Deoli, during the Session 1978/79, though the appointment letter stated that it was purely temporary for three months or till further orders or till persons selected by the Rajasthan Public Service Commission were available, or persons appointed from the merit list prepared by the Directorate of College Education were available. Rajasthan Civil Services (Appointment and other Service Conditions of employees of Private Institutions and other establishments taken over by the Government) Rules, 1977 (hereinafter refcrred to as the 'Rules of 1977') were notified by the Government in the Rajasthan Gazette dated 28.10.1977. The petitioner received a telegram on 21, December, 1978 to the effect that she had been relieved of her duties on the joining of one Miss Pancholi, and this order has been challenged by the petitioner in Writ Petition No. 74/79 filed on 18.1.1979. 4. Surendra Singh Upadhyaya. petitioner in Writ Petition No. 675/79 was appointed as a Lecturer in Geography in Nehru College, Deoli against a clear vacant permanent post w.e.f. 6.9.75 on the recommendations of the Selected Committee duly constituted in accordance with the Rules. Appointment of the petitioner was approved by the University of Rajasthan and he also fulfilled the minimum qualifications as they existed on the date of initial appointment. The petitioner was confirmed on the post of Lecturer w.e.f. 7.8.1977. After taking over the Nehru College by the Government, the petitioner got formal charge of the post of Lecturer in the Govt. College, Deoli on 7.11.77. vide order dated 5.11.1977. While confirming the order dated 4.11.77, Director of College Education issued appointment order dated 4.1.1978 appointing the petitioner in Government College, Delhi, though in temporary capacity till the end of session 1977-78. Thereafter, he was transferred to Government College. Banswara during session 1978-79 and from Banswara, he was again transferred to Government College, Pali. Thereafter, all of sudden, a telegram dated 15.12.78 terminating his services was received, asking him to hand over charge to a fresh candidate. This order had been challenged by filing writ petition No. 675/79 on 15.4.79). 5. Thereafter, he was transferred to Government College. Banswara during session 1978-79 and from Banswara, he was again transferred to Government College, Pali. Thereafter, all of sudden, a telegram dated 15.12.78 terminating his services was received, asking him to hand over charge to a fresh candidate. This order had been challenged by filing writ petition No. 675/79 on 15.4.79). 5. Both the writ petitions were admitted and the Government has filed replies to the writ petitions, to which rejoinder had also been filed on behalf of the petitioners. 6. The main defence of the State Government is that the Government had not taken over Nehru College but had started a new College in the same building where Nehru College was being run, and therefore. the petitioners are not governed by the Rules of 1977, and there is no violation of those Rules of 1977, and the orders terminating the services of the petitioners are justified. In rejoinder, petitioners have produced a number of documents to show that the Government did not open a new College but had taken over the Nehru College, Deoli. They have also produced certain additional documents Ex. 23, Ex. 24 Ex. 25 and Ex. 26 in support of the above contention. 7. Learned counsel for the petitioners has placed reliance on The State of Orissa v. N.N. Swami ( AIR 1977 SC 1237 ) and J.P. Prasad v. State of Bihar (1985(2) SLR 150) , and has submitted that in view of the Rules of 1977, their services could not be terminated. 8. We have given our thoughtful consideration to the whole matter. Looking to the evidence and documents, placed on record by the petitioners, specially in rejoinder, we have no doubt in our mind that it is a case of taking over of Nehru College, Deoli, with all its assets and liabilities, including the rights of the teachers working therein, by the Government and not a case of opening a new College altogether. It is not necessary for us to discuss various correspondence and the documents showing taking over the charge by the Principal of the Government College, of the various articles, furniture, funds etc. It clearly goes to show that the Government had taken Nehru College. It is not necessary for us to discuss various correspondence and the documents showing taking over the charge by the Principal of the Government College, of the various articles, furniture, funds etc. It clearly goes to show that the Government had taken Nehru College. It is also not disputed by the State Government that the two petitioners were appointed by the Nehiu College as Lecturers and they were confirmed before taking over the College by the Government It is also not disputed that the new Government College had not taken any fresh affiliation by the University of Rajasthan and it had been working on the old affiliation taken by Nehru College. If the Government had opened a new College at Deoli, it was necessary on its part to follow the procedure for getting the same recognised and affiliated with the University of Rajasthan, but there is no evidence that any such procedure was adopted or recourse was taken by the Government to get affiliation and recognition by the University of Rajasthan, and therefore, in our view, case of petitioners is fully governed by the Rules of 1977 which came into force on 28th Oct. 1977. These Rules were promulgated under proviso to Article 309 of the Constitution of India with regard to appointment and other Service conditions of the employees of private institutions taken order by the Government which provided that the appointments of persons by the private institutions, taken over, before the commencement of these Rules shall be deemed to have been made under the corresponding provisions of these Rules. Rule 3 of the Rules of 1977 provides that these Rules and any orders issued thereunder shall have effect not withstanding anything, to the contrary contained in any rule, regulations or orders in force at the time of commencement of these Rules provided that appointment shall be deemed to have been made under sub-rule (2) of Rule 5 of these Rules. Rule 5 of the Rules of 1977 may be quoted hereunder : "5. Rule 5 of the Rules of 1977 may be quoted hereunder : "5. Taking over of Private Institutions:-(1) In case the Government decides to take over a Private Institution along with its staff in public interest, it shall decide the equation of posts in such institution and those existing under the Government and such of the staff as are willing to be absorbed in Government service who are serving or hold a lien in that Institution and subject to the availability of posts and vacancies in the Service, they may be appointed on an equated or lower post as may be decided after being screened by a Committee which will be the same as the Departmental Promotion Committee constituted in the respective service Rules for the post concerned or if there is no such Committee such Committee as may be appointed by the Government subject to the following conditions : (i) The employee of such institution, who is a candidate for absorption in the Service, possesses the minimum qualifications as laid down in the Rules Schedule for the post for which he is candidate or possessed such qualifications as were prescribed by the Government for recruitment to corresponding posts when he was initially appointed to such posts. (ii) The candidate is not less than 21 years of age and not more than the normal age of superannuation prescribed for such post by the Government on the date the Private institution is taken over by the Government. (ii) The candidate is not less than 21 years of age and not more than the normal age of superannuation prescribed for such post by the Government on the date the Private institution is taken over by the Government. (iii) The employee is physically fit and does not suffer from any of the disqualifications for recruitment contained in these rules or in the respective service rules for the post concerned : Provided that after being taken over by Government, the number of candidates serving in a private institution so selected for entry into service, shall not be more than the number of posts sanctioned for that Private Institution by the competent authority unless the Government decides otherwise ; (2) The persons so selected shall be considered as fresh recruits to Government Service and the quota of recruitment in the relevant service, if any, shall be determined after absorbing such persons and they shall be appointed in the same capacity as in the Private Institution i. e. temporary, officiating, substantive, as the case may be, and the condition of probation and confirmation shall be deemed to have been waived in case of substantive or permanent officials. (3) The seniority of the persons selected as a result of taking over of Private Institution, shall be determined with reference to the year of taking over of such employees and they shall rank en bloc junior to persons appointed by direct recruitment or by promotion if the post is required to be filled in by promotion only in the relevant category during the year of their appointment. The inter se seniority of such persons will. however, be fixed according to the date of continuous appointment in the same grade under such management agency, provided that any pre-determined seniority shall not be disturbed. The service rendered by the employees of the Private Institution on an equated post shall be counted as experience or service required for promotion or direct recruitment as the case may be." 9. however, be fixed according to the date of continuous appointment in the same grade under such management agency, provided that any pre-determined seniority shall not be disturbed. The service rendered by the employees of the Private Institution on an equated post shall be counted as experience or service required for promotion or direct recruitment as the case may be." 9. Rule 5 provides that in case Government decides to take over a Private Institution along with its staff in public interest, it shall decide the equation of posts in such Institution and those existing under the Government and such of the staff as are willing to be absorbed in Government service who are serving or hold a lien in that Institution, may be appointed on an equated or lower post, as may be decided after being screened by a Committee which will be the same as the Departmental Promotion Committee. One of the conditions prescribed is that employee of such institution must possess the minimum qualification as laid down under the Rules for the post for which he is a candidate or possess such qualifications as were prescribed by the Government for recruitment to corresponding post when he was initially appointed to such post, Sub-rule (2) of rule 5 provides that persons so selected, shall be considered as fresh recruiters to the Government service and the quota of recruitment in the relevant 'service, if any, shall be determined after absorbing such persons and they shall be appointed in the same capacity as in the Private Institution i.e. temporary, officiating, substantive, as the case may be, and the condition of probation and confirmation shall be deemed to have teen waived in case of substantive or permanent officials. When an institution is completely taken over by the Government, it is not merely taking over the land and buildings, tables and chairs. It has to tackle at the same time, a human problem i.e. to say the fate of the teachers and staff serving with the institution. In view of the fact that the Government has come out with the statutory rules, it is incumbent upon the Government to opt and to follow those rules. They cannot take arbitrary action in terminating services of those employees treating them as purely temporary and in not complying with the Rules framed by them. In view of the fact that the Government has come out with the statutory rules, it is incumbent upon the Government to opt and to follow those rules. They cannot take arbitrary action in terminating services of those employees treating them as purely temporary and in not complying with the Rules framed by them. Petitioners before us were permanent employees of the private institution having been confirmed before the College was taken over by the Government. Therefore, action should have been taken in accordance with sub-rule (2) of Rule 5. Government should have considered their representations submitted by the petitioners in proper perspective. It is really very unfortunate that it has taken almost nine years to decide these matters and during this period, petitioners have been deprived of a Government job. It is not the fault of the petitioners if the Government thought it proper in the larger public interest to take over the Institution, (Nehru College), otherwise they would have continued and enjoyed all the benefits of their continuous and permanent service in Nehru College. The services of the petitioners could not have been terminated arbitrarily but their services should have been regularised as provided in the Rules of 1977. Petitioners were entitled to be retained in service in the same capacity and they are also entitled to further amenities, facilities etc. till the age of superannuation. 10. In the result, these two writ petitions are allowed, the orders terminating services of the petitioners and relieving them of their duties are hereby quashed. The petitioners shall be deemed to be in continuous service and their services should be regularised in accordance with the Rajasthan Civil Services (Appointment and other service conditions of Employees of Private Institutions & other establishments taken over by the Government) Rules, 1977. The parties are left to bear their own costs.Petition allowed. *******