JUDGMENT 1. - In all the four writ petitions listed today inter alia the allegation pertains to serious administrative and financial irregularities and illegalities against the present administrative set up of the JNV University. All the petitions have been directed to be heard together by order dated 9.5.2005. Today, an application has been filed by the learned Additional Advocate General stating that the State of Rajasthan has taken a decision to have an audit inquiry in relation to the alleged financial irregularities against the JNV University, Jodhpur by the Finance Department (Audit). In order to facilitate the inquiry a prayer has been made to supply copy of the enquiry report given by the officer appointed by this Court in relation to the alleged financial irregularities. 2. The prayer is opposed by Shri M.C. Bhoot learned counsel for the petitioner. It is submitted that an attempt has been made to not only eyewash but also to whitewash the report submitted by the officer appointed by this Court. It is further submitted that this Court has directed inquiry into the administrative and financial irregularities alleged to have been committed by the present authorities of the University in the matter of holding the RPET Examination pending adjudication of the ultimate prayer for investigation by CBI. It is also submitted that the enquiry committee has been headed by the Registrar of the High Court, who is an officer of the rank of the District Judge Thus, the enquiry report is a quasi judicial report, which cannot be permitter to be whitewashed. It is further submitted that the enquiry has been conducted by the Director of Treasury and other senior officers. At the cost of repetition, it is submitted that the Court instead of giving a report to the State Government for an administrative enquiry should send the report to the CBI to register FIR on said basis and proceed with the investigation. A similar request has been made by Mr. RS. Bhati learned counsel for Shri M.M Gehlot, Head, Department of English, JNV University, Jodhpur. Mr. G.R. Punia learned counsel appearing for Smt. Archana Bhagasara has also made the similar prayer. On the other hand it is submitted by Mr. N.M. Lodha learned Additional Advocate General that the State Government is quite serious in the matter and the apprehension to whitewash the report is without any foundation. Mr. Mr. G.R. Punia learned counsel appearing for Smt. Archana Bhagasara has also made the similar prayer. On the other hand it is submitted by Mr. N.M. Lodha learned Additional Advocate General that the State Government is quite serious in the matter and the apprehension to whitewash the report is without any foundation. Mr. J.R Joshi learned counsel appearing for JNV University, Jodhpur submits that hearing of the case be adjourned for a period of one week. 3. Before we proceed to deal with the rival contentions, we consider it appropriate to briefly refer to different writ petitions listed before us for hearing, wherein the allegation of administrative and financial irregularities and illegalities have been alleged against the present set up of the JNV University, Jodhpur. 4. In D.B. Civil Special Appeal No. 188/2002 (State v. Sarita Choudhary) , this Court had given wide ranging directions with a view to bring reform in the election process and to make the functioning of the Students Union more rationale. One of the direction was to disburse the fund only in accordance with the approved budgetary provisions. A direction was given not to make any payment to the Students Union exceeding Rs. 2,000/-All the three universities as per directions of this Court submitted compliance report from time to time. While perusing the compliance report of the JNV University in July, 2004 it was noticed that though the Students Union Fund was of Rs. 6 Lakhs for the Academic Session 2002-03, disbursement was made to a sum of Rs. 19 Lakhs completely in disregard to the directions of this Court. Pursuant to the directions of this Court the Principal Secretary Finance and Planning constituted a team to investigate into the administrative financial irregularities in the matter of Students Fund. The committee was headed by the Director, Treasure and Accounts, Jaipur. The committee has submitted a report and the same is pending consideration before this Court we have noticed the findings of the report in one of our order dated 14.2.2005 which is extracted as follows : "It was noticed that for the Academic Session 2002-03 the President submitted proposed charter of activities with budget provisions for Rs. 5,36,160/-. The budget was approved in accordance with the directions of this Court. However, the Student Union made a demand for Rs. 14.25 Lacs for organising an International Youth Festival. 5,36,160/-. The budget was approved in accordance with the directions of this Court. However, the Student Union made a demand for Rs. 14.25 Lacs for organising an International Youth Festival. Shri L.S. Rathore Vice Chancellor at the relevant time directed to make payment to the President to the tune of Rs. 12 Lacs either from PTET surplus fund or private Students Examination Fee. The order was not carried out, as certain objections were raised by the Finance Department. The interim Vice-Chancellor Shri Khem Raj Chowdhary I.A.S. also raised certain queries. Thus, the payment could not be made. However, subsequently an amount of Rs. 15.90 lacs was sanctioned. An advance amount of Rs. 15.40 lacs for organising the International Youth Festival was given to the office bearers of the Students Union. A cheque to the sum of Rs. 12.09 was issued in the name of Ishwar Balawat, President, Student Union and Rs. 3.00 Lacs cheque was issued to Shri Kishan Bhati. The cheques were not crossed and drawn cash. The Finance Officer of the University commented that there was serious discrepancies including violation of Court's directions. It was also noticed that the vouchers presented by the President, Student Union were manipulated and funds have been drawn fraudulently. The committee has pointed out serious lapses which has led to embezzlement of huge amount. The committee suggested detail administrative/policy inquiry. The committee also expressed its opinion that there is violation of the order of the Hon'ble High Court." 5. It is significant to notice that the committee has suggested detail administrative/police inquiry. D.B. Civil Writ Petition No. 4479/2004 Smt. Archana Bhagasara v. The Hon'ble V.C. JNV University & Ors. 6. The said writ petition has been filed by Mrs. Archana Bhagasara, Vice President, Student Union, Karnla Nehru College, Jodhpur alleging serious irregularities and illegalities in the Sports Board Fund. She has also referred to the constitution of the committees. D.B. Civil Writ Petition No. 1837/2005 M.M. Gehlot v. JNV University & Ors. 7. The said writ petition has been filed by Shri M.M. Gehlot, Head, Department of English, JNV University, Jodhpur. He has given a long narration alleging that the Vice Chancellor has arbitrarily usurped the powers vested in the statutory committee so as to behave in arbitrary and illegal manner. She has acted in a most arbitrary and illegal manner. 7. The said writ petition has been filed by Shri M.M. Gehlot, Head, Department of English, JNV University, Jodhpur. He has given a long narration alleging that the Vice Chancellor has arbitrarily usurped the powers vested in the statutory committee so as to behave in arbitrary and illegal manner. She has acted in a most arbitrary and illegal manner. The power is being exercised for appointment of favourite examiners as paper setter so as to have deep influence over the examination system so as to benefit a particular class of students and teachers indulging heavily in trade of education popularly known as tuition's in the present times. It is also alleged that the files pertaining to the appointment of examiners which are kept in the double lock of the Secrecy Section has been kept at the residence of the Vice Chancellor in a very unusual manner. It is further alleged that the manipulation in the secrecy files particularly relating to the examiners is rampant in the JNV University. One of the file has been summoned by this Court. Having perused the file, this Court noticed that not only breach of the rules of secrecy but also manipulations. Thus, to collect more information in this regard the statement of one Mr. Abdul Rahim, Assistant in the Secrecy Branch was recorded. An application has also been filed by the petitioner u/S. 340 of the Code of Criminal Procedure for investigation and prosecution of concern top authority. D.B. Civil Writ Petition No. 1670/2005 Mahesh Chandra Tak v. State of Rajasthan & Ors. 8. The writ petition in hand pertains to the entrance examinations to First Year of B.E./B.T.E.X.T./B.R. Degree Courses for the Session 2003-04 in various Engineering Colleges of the State of Rajasthan. The JNV University was authorised to conduct the said examination popularly known as RPET (Rajasthan Pre-Engineering Test). The Test was organised by the Central Administrative Co-ordination Committee under the chairmanship of Dr. Nasim Bhatia, Vice Chancellor, JNV University, Jodhpur. Professor Rajesh Mathur was appointed as a Co-originator and Ravi Saxena as Co-coordinator. It is alleged that there was a collection in the sum of Rs. 18.50 Crores. Serious allegation about the misuse of fund has been made in the writ petition. Nasim Bhatia, Vice Chancellor, JNV University, Jodhpur. Professor Rajesh Mathur was appointed as a Co-originator and Ravi Saxena as Co-coordinator. It is alleged that there was a collection in the sum of Rs. 18.50 Crores. Serious allegation about the misuse of fund has been made in the writ petition. According to the petitioner the Chairman, the Co-originator and Co-Coordinator and a group of teachers in the University weights with substantial influence in the State Government and they are capable to influence the police and other authorities. As such a prayer was made that the matter be investigated by the CBI. This Court by order dated 23.3.2005 ordered as follows : "Pending consideration, the prayer made by the petitioner to get the matter investigated by the CBI, we consider it appropriate that the committee already constituted by the Finance Secretary to look into the allegations made in the instant petition and submit a preliminary report. The said committee shall be presided by Shri M.D. Vaishnav, Registrar, Administration, Rajasthan High Court, Jodhpur. The Registrar General, Rajasthan High Court is directed to obtain appropriate approval from the Hon'ble Chief Justice for permitting to take services of Mr. Vaishnav as indicated in the order." 9. The Committee has submitted its report, which has been kept in seal cover. The report runs in 25 pages. The report is accompanied by 15 Annexures running in 52 pages. The conclusion of the report is extracted as follows : "It was the function of Centralised Admission Co-ordination Committee RPET, 2003 to frame rules and regulations but the same was not done. It was resolved in CACC meeting to authorise chairman RPET 2003 to take necessary action regarding smooth conduct of RPET. It seems, in the light of this resolution, RPET cell member Sh. Ravi Saxena and Co-ordinator Sh. Rajesh Mathur proposed action on ad hoc basis and got approval of the Chairperson in most of the cases. For smooth conduct of RPET, activities should have been assessed, planned and rules and regulation should have been framed in consultation with CACC. But no rules and regulations were framed and followed. The purchases and expenditure seems to have been done in an arbitrary manner. In purchases of Stores (including services) open tender procedure was avoided although there was ample time. But no rules and regulations were framed and followed. The purchases and expenditure seems to have been done in an arbitrary manner. In purchases of Stores (including services) open tender procedure was avoided although there was ample time. This is despite of the fact that intimation for conducting RPET 2003 was given well in time to Jai Narayan Vyas University, Jodhpur. A false urgency was created. Even the limited tender procedure was not followed properly. In payment of honorarium, conveyance allowance, travelling allowance etc. Government rules and scales prescribed were ignored and huge payments were made arbitrarily. Excessive and arbitrary payment is also evident in secret expenditure because almost double amount of expenditure as compared to RPET-2004 conducted by Director, Technical Education, Jodhpur has been incurred. RPET-2003 Cell was not a permanent establishment, hence purchases of fixed assets such as Toyoto Qualis AC Vehicle, LG Split Air conditioner, furniture and computer hardware etc. should have been avoided along with expenditure incurred on decorating the Chairman's chamber/office. These funds were not meant for this purpose. The payment made for unused tent facility was wasteful expenditure in lacs. Here it would not be out of context to mention that where University rules were not available or are silent GF&AR (established and time tested rules of Government of Rajasthan) should have been followed, in the utilisation of public money. Accounting system followed and maintenance of record is also quite poor. It does not give clear picture of account position of various private and Government engineering colleges. Advance account of Sh. Rajesh Mathur, Co-ordinator needs clarifications. The purchases made and the expenditure incurred to the tune of above one crore of rupees during the RPET-2003 programme seems to have been done in an arbitrary and autocratic manner and in gross violation of the basis provisions of GR&AR. It smells of the mala fide intention of the University Authorities who practically seem to have indulged in wrongful gain or wrongful loss to the public money. Further, some of the record of expenditure and the Registrar produced before the committee prima-facie shows that the same has been prepared afresh and after passing of Judicial order dated 22.3.2005 in the Case No. 1670/2005, Mahesh Chand Tak v. State of Rajasthan. Various cutting/overwriting in some record further indicates doubts in the genuineness of the expenditure. Further, some of the record of expenditure and the Registrar produced before the committee prima-facie shows that the same has been prepared afresh and after passing of Judicial order dated 22.3.2005 in the Case No. 1670/2005, Mahesh Chand Tak v. State of Rajasthan. Various cutting/overwriting in some record further indicates doubts in the genuineness of the expenditure. Sd/ Sd/ P.R.Sharma Jai Singh Rathore (Member) (Member) Director, Joint Director, Treasury and Accounts, Local Fund Audit Department Jaipur Jodhpur Sd/ Sd Mewa Ram Kailash Prakash Prohit (Member) Member Astt. Acctts. Officer Astt. Acctts. Officer Local Fund Audit Department, Local Fund Audit Department, Jodhpur Jodhpur" Sd/ M.D. Vasihnav (Chairman) Registrar, Administration Rajasthan High Court, Jodhpur 10. On careful consideration of the entire matter, we do not find any justified reason not to accept the prayer made by the Additional Advocate General to make the report submitted to this Court available to the State Government. Accordingly, we direct the Dy. Registrar, Judicial, Rajasthan High Court, Jodhpur to give a copy of the report submitted by the committee headed by Shri M.D. Vaishnav to Shri N.M. Lodha, Additional Advocate General. However, it is made clear that copy of the report is made available to the State Government without prejudice to the rights and contentions of the parties particularly with the ultimate prayer in the pending petitions. It will be open for the State Government to hold an inquiry in the administrative or financial matters against the present set up of the JNV University, Jodhpur beyond M.D. Vaishnav Committee Report including the matters covered by the other writ petitions pending before this Court. The pendency of the writ petitions will have no bearing on any sort of inquiry made by the State Government. The prayer of Mr. M.C. Bhoot learned counsel for the petitioner to supply him copy of M.D. Vaishnav Committee Report is granted. The office is directed to supply copy of the M.D. Vaishnav Committee Report to Shri M.C. Bhoot learned counsel for the petitioner.List on 19.9.2005.Order to list petition on 19.9.2005. *******