Citation : 2025 Latest Caselaw 4183 Raj
Judgement Date : 4 August, 2025
[2025:RJ-JD:34682-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 746/2025
Shri Radhe Rani Private Iti, B-12, Laxman Vihar, Opp Roadways
Workshop, Kumhari, Ladpura, District Kota, Shri Ramsharan
Shikshan Evam Prashikshan Samiti, Kota, Through President
Mahesh Sarma S/o Late Shri Krishna Gopal Sharma Aged About
51 Years, R/o 12/306, Swami Vivekanand Nagar, Kota.
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary, Technical
Education, Government Of Rajasthan, Jaipur.
2. The Director (Training), Directorate Technical Education
Rajasthan, Jodhpur.
3. Gurukul Private Iti, Devar, Badai Road, Near Adarsh Vidya
Mandir, District Jhalawar, Run And Managed By Aditya
Education And Welfare Society, Jhalawar, Through
President Shri Hargovind Singh S/o Shri Narayan Singh
Aged About 36 Years, R/o Nanor.
4. Sankalp Private Iti, Shantikunj Colony, Near Shri Nagar,
Banden Railway Phatak, Opp. By S.p Office, Rajgarh Run
And Managed By Smt. Asrafi Devi Shikshan Sansthan,
Alwar, Through Secretary Ajay Kumar Yadav S/o Shri
Jhammal Lal Yadav Aged About 48 Years, R/o Shanti Kunj
Colony, Opposite D.s.p Colony, Rajgarh, Alwar.
----Respondents
For Appellant(s) : Mr. Mansoor Ahmed Siddiqui
For Respondent(s) : Mr. I.R. Choudhary, AAG with
Mr. Pawan Bharti
(Downloaded on 11/08/2025 at 09:30:19 PM)
[2025:RJ-JD:34682-DB] (2 of 3) [SAW-746/2025]
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 69 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 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.
[2025:RJ-JD:34682-DB] (3 of 3) [SAW-746/2025]
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
24-Ravi Khandelwal
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