Rajasthan High Court - Jodhpur
State Of Rajasthan vs Managing Committee, Shri Jain ... on 26 August, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:37974]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9816/2021
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. Dilkhush Siroya W/o Shri Pradeep Siroya, 270/18,
Ashok Nagar, Udaipur (Raj.).
4. The Rajasthan Non-Government Educational Institutions
Tribunal, Jaipur.
----Respondents
For Petitioner(s) : Mr. N.K. Mehta, Dy.G.C.
For Respondent(s) : Mr. Ojas Gupta
HON'BLE MS. JUSTICE REKHA BORANA
Order
26/08/2025
1. Learned counsel for the respondents fairly submits that in
identical petition being State of Rajasthan Vs. Managing
Committee & Ors.; S.B. Civil Writ Petition No.10107/2021
(decided on 02.01.2024) as filed by the State, the Court has
already dismissed the petition on certain conditions. He submits
that similar order be passed in the present petition too.
2. Learned counsel for the petitioner State also agrees to the
same.
3. In Managing Committee (supra), the Court observed and
held as under:
"1. Writ petition herein was filed on 27.07.2021 with
the prayer, which is reproduced in verbatim as below:-
"1. By an appropriate writ, order or direction it
may be held that petitioner-State is liable to make
[2025:RJ-JD:37974] (2 of 2) [CW-9816/2021]
payment to the respondent no. 3 only towards Leave
Encashment to the tune of Rs.1,30,271/- (90% of
grant-in-aid), out of payable amount of Rs.1,44,745/-;
2. By an appropriate writ, order or direction it
may also be held that insofar as payment of gratuity,
interest @6% and remaining amount of 10% which is
beyond admissible grant-in-aid as per provisions of the
rules, respondent no. 1 and 2 are liable to satisfy the
claim of respondent no. 3 to the said limited extent;
3. Any other relief/reliefs which this Hon'ble High
Court may deem just and proper in the circumstances
of the case, may kindly be granted in favour of
petitioner."
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 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."
4. In view of the above, the present writ petition is also
dismissed on the same terms and conditions as in the case of
Managing Committee (supra).
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
41-manila/-
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