Allowed

Shri Jinku Devi Jain Balika Vidhya.Ladnu v. Raj. Non-Govt. Edu. Insti. Tri.and Ors.

Rajasthan HC3 Mar 2009CW/4139/1998

Case brief

AI extract

What is this about?

Challenge to an order by the Tribunal directing the petitioner to allow selection grades. The court relied on a Full Bench precedent to hold the petitioner entitled to grant-in-aid, directing the State to release the aid within six months.

What did the court decide?

Direction to respondents No. 2, 3, and 4 to release necessary aid to the petitioner institution within six months from the date of the order.

Shri Jinku Devi Jain Balika Vidhya.Ladnu Vs Raj… — Service and Employment | Rajasthan HC (2009)

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S.B.CIVIL WRIT PETITION NO. 4139/1998

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Shri Jinku Devi Jain Balika Vidhyalaya, Ladnu

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Vs.

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Rajasthan Non Governmental Educational Institutions Tribunal & Ors.

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HON'BLE MR. JUSTICE GOVIND MATHUR

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Mr Vineet Dave for Mr. M.S. Singhvi, for the petitioner/s. None present for the respondents.

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By this petition for writ a challenge is given to the order dated 19.4.1996 whereby the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur while accepting an application preferred by the respondents No. 5 and 6 directed the petitioner to allow them selection grades as per the notification dated 25.1.1992 issued by the Government of Rajasthan. The petitioner has also claimed for a direction to the respondent-State for the grant of aid to satisfy the directions given by the Tribunal regarding awaiting selection grades as per notification dated 25.1.1992. So far as rights of the respondent No.5 and 6 are concerned those are settled by various pronouncements of this Court and they are certainly entitled for getting selection grades as available to the employees of the Government of Rajasthan. The claim of the petitioner regarding grant of aid too is required to be decided by the Government of Rajasthan as per the directions given by Full Bench of this Court in S.R. Higher Secondary School & Ors. Vs.

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Rajasthan Non-Government Educational Institutions Tribunal, Jaipur reported in 2002(5) WLN 3, wherein it was held that:

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“Once it is decided by the Government to provide grant-in-aid in accordance with Secs. 7(3) read with Sec. 7 (4) of the Act, it leaves no room for the sanctioning authority to exercise its discretion to grant or not to grant the aid in regard to the items covered under Secs. 7(3) & 7 (4) of the Act. Selection scale being salary, once the State Government has decided to grant aid to an NGEI, it will form the part of grant-in-aid and thus the State Government in the eventuality of sanctioning the grant, will pay for the same in accordance with the percentage prescribed to the category in which the NGEIs is placed.”

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In view of the law laid down by Full Bench of this Court in the

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case of S.R. Higher Secondary School (supra) the petitioner is entitled to receive necessary aid from the Government of Rajasthan.

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Accordingly, this petition for writ is disposed of with a direction to the respondents No. 2, 3 and 4 to release necessary aid to the petitioner institution in the terms of law laid down by this Court in the case of S.R. Secondary School & Ors. (supra) within a period of six months from today.

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(GOVIND MATHUR), J.

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Jgoyal '

Shri Jinku Devi Jain Balika Vidhya.Ladnu v. Raj. Non-Govt. Edu. Insti. Tri.and Ors.

Case brief

What is this about?

What did the court decide?

Shri Jinku Devi Jain Balika Vidhya.Ladnu v. Raj. Non-Govt. Edu. Insti. Tri.and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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