Sanjeeta Banerjee vs The Member Of School Management ...
2022 Latest Caselaw 1117 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 7979/2021

Sanjeeta Banerjee

----Petitioner Versus The Member Of School Management Committee

----Respondent

For Petitioner(s) : Mr. D.D. Chitlangi (through VC) For Respondent(s) : Mr. Bhrigu Sharma (through VC)

HON'BLE MR. JUSTICE ARUN BHANSALI Order

24/01/2022

Heard learned counsel for the parties on the application filed

by the respondent seeking vacation of the interim order.

In the circumstances of the case and the Larger Bench

judgment of this Court in Central Academy Society v. Rajasthan

Non-Government Educational Institutions Tribunal : 2010 SCC

Online Raj. 2382, wherein it has been laid down that the first

proviso to Section 18 of the Act of 1989 does not apply 'in relation

to the disciplinary action' by private unaided recognized

institution, but the other provisions of Section 18 including the

second proviso do apply to the unaided institutions and looking to

the nature of order, which has been passed by the respondents,

no case for vacating the interim order is made out.

The application is dismissed.

List the writ petition on 10.02.2022 for final disposal.

(ARUN BHANSALI),J 117-Rmathur/-

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