Petitioner challenged cancellation of school recognition. Court stayed interim order pending State Government's decision on appeal.
Direction to respondent State Government to decide the appeal within three months; continuation of interim order.
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CW13707/2009
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER IN S.B. Civil Writ Petition No.13707/2009
Bharti Public School, Rahuwas, Lalsot, District Dausa Vs. State of Rajasthan and Others
Date of Order ::: 03.05.2011
Present
Hon'ble Mr. Justice Mohammad Rafiq
Shri Saransh Saini, counsel for petitioner Miss Priyanka Pareek, Deputy Government Counsel for respondents
By the Court :-
This petition has been filed by petitioner Bharti Public School aggrieved by order dated 06.10.2009 of District Education Officer, Elementary Education, Dausa, by which recognition granted to petitioner to run a school, was cancelled. Petitioner approached this court by filing present writ petition in 2009. Even after notice was issued to respondents and service was affected, no one appeared and this court on 18.11.2009 stayed operation of impugned order dated 06.10.2009 to the extent of direction to petitioner to issue transfer certificate to its students for being admitted in other schools and that order is continued since then.
Shri Saransh Saini, learned counsel for petitioner, has argued that no opportunity of hearing was provided to petitioner prior to passing aforesaid impugned order. Petitioner even filed appeal before the State Government against aforesaid order but no interim order was passed in that appeal nor even appeal was
CW13707/2009
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decided and therefore petitioner has approached this court.
Ms. Priyanka Pareek, learned counsel appearing on behalf of respondents State, has opposed writ petition and argued the matter on merits. She also referred to averments in reply to writ petition but perusal of reply does not show whether State Government, before which appeal was filed by petitioner, has decided the appeal.
In these circumstances, therefore, this petition is disposed of with direction to respondent State Government through its Principal Secretary, Department of Education, Government of Rajasthan, Jaipur, to decide the appeal filed by petitioner within a period of three months from the date a copy of this order is produced before it. Since the interim order passed by this court on 18.11.2009 staying operation of impugned order dated 06.10.2009, has remained operative for last about one-and-a-half-year, it shall continue to operate and would be co-terminus with disposal of appeal.
With aforesaid direction, writ petition is disposed of.
(Mohammad Rafiq) J.
//Jaiman//
1 issue framed by the court
Whether to stay the operation of the cancellation of school recognition pending the disposal of the petitioner's appeal to the State Government.
Bharti Public School, Rahuwas, Lalsot
State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
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