State Of Rajasthan vs Sita Devi Educational Society
2022 Latest Caselaw 3960 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 526/2022

State Of Rajasthan & Ors.
                                                                  ----Appellant
                                   Versus
Sita Devi Educational Society and Anr.
                                                                ----Respondent

For Appellant(s) : Mr. Prakhar Gupta & Ms. Charvi Patni for Mr. Vibhuti Bhushan Sharma, AAG For Respondent(s) : Ms. Sara Praveen for Mr. K A Khan

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment / Order

19/05/2022

1. It is contended by counsel for the appellants that going

beyond the prayer claimed by the writ petitioners, the learned

Single Judge has passed the impugned order by which several

directions have been issued. No relief have been claimed as

directed in directions No.2, 3 & 4 of the impugned order.

Directions No.2, 3 & 4 are as under:-

"2. The penalty deposited by the respective

petitioner/college under the orders of the

Court or in the light of the provisions of the

Private Colleges Policy be refunded to the

petitioners/colleges within a period of sixty

days failing which interest @ 6% will accrue

on the same after lapse of 60 days.

3. It is directed that the amount refunded

to the petitioners/colleges by the respondents

in light of the above directions, shall be

(2 of 3) [SAW-526/2022]

deposited by the respective

petitioners/colleges in the "Student Welfare

Fund", and be used for the welfare and

betterment of students in activities like

clearing dues of students who are unable to

deposit fee, medical care, library, and other

amenities and facilities needed for and by the

students and not be used for any other

purpose.

4. The State as well as respondents are

directed to ensure that on account of present

dispute, students should not be made to

suffer and their results, mark-sheets, admit

cards, other documents should not be

withheld and be declared/released in capacity

of regular students forthwith immediately,

without any fall. The respondents are directed

to assist and help the students in question on

24X7 basis. No student should be deprived of

appearance in any future examination or

appearance on account of present dispute as

the petitioners have submitted that the non-

declaration of result is causing prejudice to

the students for appearing in future

examinations including competitive

examinations."

2. Looking to the contentions put forward by counsel for the

appellants and looking to the fact that no such relief was claimed

by the writ petitioners, even then directions No.2, 3 & 4 have been

(3 of 3) [SAW-526/2022]

issued by the learned Single Judge, hence, the matter requires

consideration.

3. Issue notice of the appeal and stay application. Since the

respondents has appeared through caviator, no notice is required

to be served on the respondents and the copy of the appeal has

already been supplied to the counsel for the respondents.

4. In the meantime, operation of the impugned order dated

11.03.2022 shall remained stayed.

5. List this matter along with connected identical matters after

six weeks.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J ARTI SHARMA /4

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