Judgment D.K. Paliwal, J:- This Public Interest Litigation has been filed under Article 226 of the Constitution of India in larger public interest. 2. It is stated that S.S.L.Jain P.G.College, Vidisha is run by the society registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973. The Institute receive grant-in-aid from the State Government. M.P. Ashaskiya Shikshan Sanstha (Anudan Ka Pradaya) Adhiniyam, 1978 was passed by the State Legislature for regulating payment of salary to Teachers and other employees of non-Government schools receiving grant-inaid from the Government and non-educational institutions for Higher Education from M.P. Uchcha Shiksha Anudan Ayog. It is stated that while working as a aided Society, the respondent Society committed various serious irregularities therefore, various complaints were made and after Audit Inquiry a defalcation of Rupees Forty Five Lacs were found. The governing body of the society was superseded. A Writ Petition No.1102/2001 was filed before this Court which was allowed vide annexure P-3. However, with regard to defalcation of Rupees Forty Five Lacks no decision was taken and matter is still pending. It is further stated that there is shortage of Teachers in various subjects like Hindi, English, Political Science, Computer, Commerce and Law and the students are suffering a lot. In English there is no Teacher available in the college. The students have made various complaints and Principal of S.S.L. Jain P.G. College, Vidisha has also requested the Commissioner, Higher Education and the society to appoint the appropriate teaching staff. Due to inaction on the part of the respondents the future of the students is suffering. It is further stated that Commissioner, Higher Education Department, has directed the management for making appointments but the management has not made the appointments. Thus, respondent society has failed in discharging its duty. 3. The following reliefs have been claimed. “(i) That, the respondents Commissioner, Higher Education Department or the Registrar, Firms and Societies may kindly be directed to take action under Section 33 of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 in order to supersede the respondent Society and the management of the said Society be taken over by appointing an Administrator in accordance with the provisions of said Madhya Pradesh Society Registrikaran Adhiniyam, 1973.
(ii) That, the said respondent Society be not permitted to function and the Government may kindly be directed to consider his taken over as a Government Institute and thereafter to improve the quality of education in the said respondent Institute. (iii) That, the adequate number of teachers may kindly be directed to be appointed in each and every subject in accordance with the strength and need of the students in the respondent S.S.L.Jain P.G.College, Vidisha. (iv) That, the salary to the teachers already working in the respondent S.S.L.Jain P.G.College, Vidisha may kindly be directed to be paid in accordance with the directives issued by the State Government. (v) That, the other relief doing justice including cost be awarded.” In the return filed by the respondents it is submitted that after passing the order in W.P. No.1102/2001 on 28.03.2006, the local fund department has audited the accounts books of respondent no.-4 College and was satisfied that there was no irregularity in respect of Rupees Forty Five lacks as mentioned in the Audit Report. It is further stated that the process of appointment of ad hoc Teachers from the Society's fund for the benefit of the students of the college is on the way. It is further submitted that matter of grant of salary is sub judice in the Hon'ble Apex Court. Inspite of the said fact management of the college appointed some ad hoc teachers. Thus, the students are being provided good and quality education. The salary is being regularly paid as per the grant given by the Government. This, petition has been filed on false and erroneous facts with malafide intention, hence the same be dismissed. 4. On perusal of Annexure R-1, the Audit Report, dated 5.06.2006, it appears that with regard to alleged defalcation of Rupees Forty Five Lacs the Auditor has found that there is no defalcation. Annexure R/5 is a chart showing the number of students, number of sanctioned posts for professors/lecturers, posts filled and the vacancy. It is evident that total 66 posts were sanctioned in the year 2000-01 and number of posts were filed 56 when the number of students were 2713. In the year 2008-09 the strength of the students has been shown as 1274 and the posts filled of the lecturers are 28. 5.
It is evident that total 66 posts were sanctioned in the year 2000-01 and number of posts were filed 56 when the number of students were 2713. In the year 2008-09 the strength of the students has been shown as 1274 and the posts filled of the lecturers are 28. 5. The respondent has also produced a document showing the guests faculties appointed during the year 2006-07, 2007-08, 2008-09 as 13 and 14 respectively. However, from the annexure P/7, it appears that there is a shortage of teaching staff in various subjects like Hindi, English, Computer. About 75% posts are lying vacant. It is evident from the annexure P/7 that semester system has been enforced from the session 2008-09 and for continuous comprehensive valuation 30% marks has been fixed. 6. On perusal of various representation filed by the students of different courses and the document referred above it is clear that there is a shortage of teaching staff and it is adversely affecting the students interests. Hence, this Public Interest Litigation is disposed of with the following directions : (i) The respondent No.-4 is directed to ensure that adequate number of teachers be appointed in each subjects looking to the needs of the students within six months. (ii) The respondent No.-4 is further directed to ensure proper infrastructure like sufficient computers, new books within one month from the date of receipt of copy of this order. 7. No order as to costs.