State Of Rajasthan vs Managing Committee, Shri Jain ...
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Rajasthan High Court - Jodhpur

State Of Rajasthan vs Managing Committee, Shri Jain ... on 1 March, 2024

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:10513]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 9365/2021

State Of Rajasthan, Through The Director, Secondary Education
Department, Rajasthan, Bikaner.
                                                                    ----Petitioner
                                    Versus
1.       Managing Committee, Shri Jain Shwetambar Murti Pujak
         Education Society, Shiksha Society Bhawan, Vardhman
         Market, Hathipole, Udaipur Through Its Secretary.
2.       Managing Committee, Shri Vardhman Girls Secondary
         School, Loha Bajar, Hathipole, Udaipur (Raj.).
3.       Smt. Asha Vardia W/o Shri Surya Prakash Vardia, R/o
         215, Hiran Magri, Sector 11, Alok School Ke Picche,
         Udaipur (Raj.).
4.       The Rajasthan Non-Government Education Institutions
         Tribunal, Jaipur.
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Sarwan Kumar, AGC
For Respondent(s)          :    Mr. Manoj Bhandari, Sr. Advocate
                                assisted by Mr. Govind Suthar



              HON'BLE MS. JUSTICE REKHA BORANA

Order

01/03/2024

1. Learned counsel for the petitioner submits that in identical

petition being S.B. Civil Writ Petition No.10107/2021, State

of Rajasthan vs. Managing Committee & Ors. (decided on

02.01.2024), the co-ordinate Bench of this Court while considering

the prayers as made in the said writ petition, dismissed the

petition with the following observations:-

"2. Qua prayer no. 1, in course of hearing today, on a Court query, it transpires that the State has already paid its 90% contribution in accordance with

[2024:RJ-JD:10513] (2 of 2) [CW-9365/2021]

judgment and order dated 28.02.2018 (Annex.5) passed by Rajasthan Non Government Educational Institutions Tribunal, Jaipur. Therefore, to that extent, nothing survives for adjudication before this Court.

3. It is admitted case of both the parties that the liability of the State is confined only up to 90%. As regards the balance 10% to be contributed by the respondent no. 2/ Institution, it is open to the State to ensure recovery in accordance with the law and as per the judgment rendered by the Tribunal ibid and, it is not for this Court to initiate any execution proceeding under Article 226, particularly, in the absence of State itself having defaulted on the administrative side to take appropriate steps.

4. In view of the aforesaid, the writ petition is accordingly dismissed."

He submits that as 90% amount has been deposited by the

State qua the present employee too, the present petition deserves

to be disposed of in the same terms.

2. Learned counsel appearing for the respondent No.3, the

employee, does not object to the same.

3. In view of the submission made, the present petition is

disposed of in the terms of the judgment passed in S.B. Civil

Writ Petition No.10107/2021.

4. Stay petition and all pending applications, if any, stand

disposed of.

(REKHA BORANA),J 74-KashishS/-

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