Gangele, J. -- 1. The petitioner has filed this public interest litigation in regard to mismanagement of respondent No.4 Society and the irregularities committed by the respondent No.4 Society.

2. The petitioner pleaded in the petition that due to irregularities and mismanagement of the institution/society the future of near about 1200 students who are getting education in the college and schools run by the respondent No.4 Society is in dark. The respondent No.4 Society has not been running the institution, college and schools properly and there were complaints of financial embezzlement and irregularities. Some enquiries have been conducted by the district authorities and the allegations have been found proved. In spite of that, no action has been taken by the authorities in the matter.

3. The petitioner prayed a relief that respondents No.1 and 2 be directed to take over the respondent No.4 Society and an Administrator of the society be appointed.

4. After issuance of notice some more persons and students including the staff members filed intervention applications and their applications have been allowed.

5. J.C. Mills Education Institutions Managing Society was registered in the year 1964 under the provisions of M.P. Society Registrikaran Adhiniyam applicable at that time. It had started imparting education to the children specially workers of J.C. Mills. For the aforesaid purpose, the society had established Primary, Middle and Higher Secondary Schools. In the year 1976 J.C. Mills Girls College was established. At that time, J.C. Mills had been providing financial assistance to the society. It was declared sick and the management of J.C. Mills stopped providing financial aid to the society.

6. A public interest litigation was filed before this Court. It was registered as Writ Petition No.1280/1994 -- J.K. Bhomia v. Secretary of Government of M.P. In the aforesaid petition, the State of M.P. had agreed to provide financial aid to the Society and the Society was directed to run educational institutions. Thereafter, the State of M.P. granted aid for a period of one year. It was discontinued in the year 1995. The State had sanctioned aid to 12 teachers under the provisions of Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978. Subsequently, the aid was reduced to 50% in pursuance to the judgment passed by the High Court and the matter is pending before the Supreme Court.

7. As per the reply filed by the respondent No.4 Society, near about 1177 students have been enrolled in the colleges and schools run by the society in four courses and 19 subjects. There are 37 teaching staffs and 16 non-teaching staff working in the college. The society in its return pleaded that there are 389 students out of 1177 belonging to SC, ST and OBC. From the aforesaid students, the society received meager fees as per the fees structure approved by the State of M.P. and it is getting some expenses from Tribal Welfare Department. The society denied the allegations that there are any mismanagement or misappropriation of funds or any irregularity in the society. Contrary to this, it is pleaded that the society has been managing the college and other institutions properly. Numbers of the students have been increased time to time. The teachers are getting proper salary. The society also questioned the locus of the petitioner to file PIL and submitted that the petition has been filed on behalf of the teachers, who want that the college be taken over by the Government and it is a sponsored petition.

8. The respondents No.1 and 2 in their reply submitted that the Collector Gwalior had received complaint from some lecturers in regard to working of the society. On the aforesaid complaint two member committee was constituted to enquire into the allegations. The committee in its enquiry report found that there were irregularities in the working of the society and financial irregularities were also report