State Of Rajasthan vs Managing Committee, Shri Jain ...
2025 Latest Caselaw 11584 Raj

Citation : 2025 Latest Caselaw 11584 Raj
Judgement Date : 26 August, 2025

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/-