Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Dr. Rajendra Sharma on 30 June, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Review Petition (Writ) No. 15/2021
1. The State Of Rajasthan, Through The Secretary,
Secondary Education Department, Government Of
Rajasthan, Jaipur.
2. Director, Secondary Education, Education Directorate,
Bikaner.
3. Deputy Director (Secondary), Education Department,
Jodhpur.
----Petitioners
Versus
1. Dr. Rajendra Sharma S/o Late Shri Ramswaroop Sharma,
By Caste Brahmin, R/o 1990, Shri Ramchandra Bhawan,
In Front Of Obc Bank, Ram Lala Ji Ka Rasta, Johri Bazar,
Jaipur.
2. Shri Mahesh Shiksan Sansthan, Opposite Umaid Hospital,
Jodhpur Through Its Secretary.
3. Shah Goverdhan Lal Kabra Teachers College (C.t.e.),
Through The Principal, Near Gita Bhawan, Opposite
Umaid Hospital, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Sarwan Kumar for
Mr. Hemant Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
30/06/2022
In the circumstances of the case, the defects pointed out by
the office are over-ruled.
Learned counsel for the petitioner has been heard.
This review petition has been filed by the respondent Nos. 1
to 3 in SBCWP No. 533/2019 decided on 23.1.2019.
(2 of 3) [WRW-15/2021]
Learned counsel for the petitioner made submissions that the
writ petition filed by Dr. Rajendra Sharma was decided following
order in the case of Gordhan Mal Singhvi v. The State of
Rajasthan & Ors. : SBCWP No. 5118/2008 and Division Bench
judgment in the case of State of Rajasthan & Anr. v. The
Management Committee Shri Bhagwan Das Todi College: DBSAW
No. 663/2015, decided on 6.11.2015.
The Court, inter alia, quoted the directions given in the case
of Gordhan Mal Singhvi (supra) and required the respondents to
comply with the observations made in the case of The
Management Committee Shri Bhagwan Das Todi College (supra)
as well.
Submissions have been made that the petitioners in SBCWP
No. 533/2019 based on the fact that in the case of Gordhan Mal
Singhvi (supra) directions were given to respondent No. 3 to inter
alia make payment of gratuity, which in the said case was Non-
Government Educational Institution is seeking to enforce said
direction against the petitioners on account of the fact that in the
present petition, the respondent No. 3 was Deputy Director,
Secondary Education, Jodhpur and, therefore, the order dated
23.1.2019 passed by this Court requires review.
I have considered the submissions made by the learned
counsel for the petitioner and have perused the order dated
23.1.2019 as well as the order passed in the case of Gordhan Mal
Singhvi (supra).
A perusal of the order passed in the case of Gordhan Mal
Singhvi (supra) reveals that in the said case, it was the Non-
Government Education Institution, who was respondent No. 3, to
whom the directions were given by the Court.
(3 of 3) [WRW-15/2021]
In the present case, merely because respondent No. 3 is
Deputy Director, Secondary Education, Jodhpur, the said aspect
cannot require the Deputy Director to make payment of amount of
gratuity, which amount is required to be paid by the Non-
Government Education Institution. The rest of the amount of
course would be governed by the directions in the case of The
Management Committee Shri Bhagwan Das Todi College (supra).
In view of the above fact situation, the order impugned, only
on account of the fact that the petitioners in SBCWP No. 533/2019
were seeking to misconstrue the same, cannot be a reason
enough for entertaining the present review petition.
Consequently, the review petition is disposed of.
(ARUN BHANSALI),J
1-pradeep/-
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