Citation : 2025 Latest Caselaw 4157 Raj
Judgement Date : 4 August, 2025
[2025:RJ-JD:34690-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 747/2025
Halwan Pvt Iti, Pilod Surajgarh, District Jhunjhunu Through
Society Jan Kalyan Welfare Society Through President Smt.
Sunita W/o Sh. Yogendra Singh Halwan, Aged About 41 Years, R/
o Village Panne Singhpura, Post Bhudanpura, Tehsil Surajgarh,
District Jhunjhunu (Raj.).
----Appellant
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur.
2. Director, Directorate Of Technical Education Rajasthan, W-
6, Residency Road, Jodhpur-342001.
3. Tagore Pvt Iti, Chala, Neem-Ka-Thana, Sikar Through
Society Public Shikshan Sansthan, Through Secretary
Jaisraj Jat Son Of Shri Pooranmal Jat, Aged About 35
Years, Resident Of Chala, Tehsil Neem-Ka-Thana, District
Sikar.
4. Guru Kripa Pvt. Iti, Village And Post Narainpur,
Thanaghazi District Alwar Through Society Gurukripa
Shiksa Samiti, Narayanpur, Thanaghazi, District Alwar
Through Secretary Balram S/o. Harphool, Aged 28 Years,
R/o. Village Jotpura, Thanaghazi, District Alwar (Raj.).
5. Sh. Ratan Singh Pvt. Iti, Kumher, Sh. Ratan Singh
Shikshak Parshikshak Sansthan, Kumher Bharatpur
Through Secretary, Hariom S/o. Amar Singh Village
Sonkh Road, Kumher Bharatpur.
6. Vaidik Pvt. Iti, Bangothari Khurd, Tehsil Surajgarh,
Jhunjhunu Through Society Vaidhik Vidya Niketan
Sanstha, Bangotheri Khurd, Jhunjhunu Through Chairman
Satyaveer Singh S/o. Ramswroop, R.o. Vpo Bangothari
Khurd, Jhunjhunu (Raj.).
7. Shri Heeranand Pvt. Iti, Bilauchi Ka Kuan, Near Kedal
Ganj Police Chowki, Alwar (Raj.) Through Society Ahuja
Shikshan Sansthan Avem Takniki Shiksa Samiti, Alwar
Through Secretary Neena Ahuja D/o. Sh. Chetan Dev
Madan, Aged 55 Years, R/o. 413, Lajpat Nagar, Alwar
(Raj.).
8. Vivekanand Pvt. Iti, Badagave Road, Village And Post
(Downloaded on 11/08/2025 at 04:48:46 PM)
[2025:RJ-JD:34690-DB] (2 of 3) [SAW-747/2025]
Chanana, Chirawa, District Jhunjhunu Through Society
Sankalp Shiksa Sansthan, Chalana, Jhunjhunu, Through
Secretary Jagdish S/o. Ram Devaram, Aged 41 Years,
R/o. Chanana, District Jhunjhunu.
----Respondents
For Appellant(s) : Mr. Mansoor Ahmed Siddiqui
For Respondent(s) : Mr. I.R. Choudhary, AAG with
Mr. Pawan Bharti
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP TANEJA
Judgment
04/08/2025
1. The matter comes up on an application I.A. No.01/2025
under Section 5 of the Limitation Act seeking condonation of delay
in filing the appeal.
2. For the reasons stated in the aforesaid application, the same
is allowed and the delay of 67 days in filing the appeal is
condoned.
3. Learned counsel for the parties jointly submit that the
controversy involved in the present matter is squarely covered
with the order passed by a Coordinate Bench of this Court in the
case of 'Jain Private ITI vs. State of Rajasthan & Ors.' (D.B.
Special Appeal (Writ) No.144/2025) decided on 02.07.2025
along with other connected appeals; the order dated 02.07.2025
is reproduced hereunder :-
"Mr. I.R. Choudhary, the learned AAG has endeavoured to point out certain infirmities in the order dated 06th May 2025 passed in D.B. Special Appeal Writ No.221 of 2025 and batch cases but he also admits that neither a review petition
[2025:RJ-JD:34690-DB] (3 of 3) [SAW-747/2025]
has been filed by the State of Rajasthan nor this order has been challenged before the Hon'ble Supreme Court.
2. In view thereof, we feel that we are bound by the decision of this Court rendered in D.B. Special Appeal Writ No.221 of 2025 and batch cases which pertains to the same and similar issue raised by the appellants in the present proceeding. We may also indicate that in this batch of Special Appeals, the same common order dated 09th December 2024 passed in S.B. Civil Writ Petition No.16408 of 2024 and connected matters has been challenged by the present appellants. Therefore, following the decision in D.B. Special Appeal Writ No.221 of 2025 and batch cases, the present Special Appeals are allowed and the common order dated09th December 2024 is set aside to the extent that the appellant-Training Institutes which were established prior to Academic Year-2018 are not liable to deposit bank guarantee of Rs.50,000/-each."
4. In light of the aforequoted order, the present special appeal
(writ) is disposed of in the same terms.
(SANDEEP TANEJA), J (DR. PUSHPENDRA SINGH BHATI),J
25-Ravi Khandelwal
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