B. S. CHAUHAN

( 1 ) THE instant writ petition has been filed challenging the order dated 18-2-1998 (Annexure 4), by which the State Government has taken over the school and appointed an Administrator in exercise of its powers under Section 10 (1) of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter called "the Act" ).

( 2 ) THE main challenge by the petitioner Management Committee is that the Administrator contemplated by Section 10 (1) of the Act is an Administrator to be appointed by the State Government and, therefore, should necessarily be an official of the State Government. The Administrator cannot be a private person and even if a private person/society is appointed as such, the same must be in consonance with rules 19. 23 and 24 of the Rajasthan Non-Government Educational Institution (Recognition. Grand-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as "the Rules, 1993" ).

( 3 ) THE facts and circumstances giving rise to the case are that petitioner a registered society - was responsible for managing a non governmental aided institution, namely, Umed Senior Secondary School, Jodhpur, (hereinafter called "the Sch