Disposed

Sindhi Panchayat Education Trust v. State of Raj. and Ors.

Rajasthan HC11 Nov 2016CW/10458/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of six connected writ petitions filed by educational trusts and institutions. The Court ruled that these petitions are governed by the judgment in Roman Catholic Diocesan Education Society. Respondents were granted liberty to argue on citation of a Supreme Court case in case of appeal.

What did the court decide?

Petitions disposed; governed by Roman Catholic Diocesan Education Society judgment; liberty to refer Delhi case on appeal.

Sindhi Panchayat Education Trust Vs State of Raj… — Education and Admissions | Rajasthan HC (2016)

¶1

CWP – 4433/2010 ALONG WITH OTHERS

¶2

¶3

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

¶4

1. S.B. Civil Writ Petition No. 4433/2010

¶5

Managing Committee, Shishu Niketan Samiti, G-8/A, Subhash

¶6

Marg, C- Scheme, Jaipur. Through its Secretary.

¶7

Bal Vidhya Mandir, G-8/A Subhash Marg, C-Scheme, Jaipur Through its Secretary.

¶8

……..Petitioners

¶9

VERSUS

¶10

State of Rajasthan, Through its Secretary, Local Self Department, Rajasthan, Jaipur.

¶11

Jaipur Municipal Corporation, Jaipur. Through its Chief Executive Officer.

¶12

…...Respondents

¶13

2. S.B. CIVIL WRIT PETITION NO 8517/2012

¶14

Maharaja Sawai Mansingh – II Museum Trust, City Palace, Jaipur through Administrator Col. H. S. Jatrana S/o Late Shri Chunni Lal, aged about 60 years, of City Palace, Jaipur.

¶15

….Petitioner

¶16

Versus

¶17

CWP – 4433/2010 ALONG WITH OTHERS

¶18

¶19

The State of Rajasthan through Principal Secretary, Urban Development and Housing Department, Government Secretariat, Jaipur.

¶20

Secretary, Local Self Government Department, Secretariat, Jaipur

¶21

The Jaipur Municipal Corporation, Lal Kothi, Jaipur through its Chief Executive Officer.

¶22

The Revenue Officer, The Jaipur Municipal Corporation, Hawamahal Zone, Jaipur

¶23

The Commissioner, Hawa Mahal Zone-West, Jaipur Municipal

¶24

Corporation, Jaipur.

¶25

…..Respondents

¶26

3. S.B. Civil Writ Petition No: 9901/2014

¶27

SRI SATHYA SAI TRUST, running and managing Sathya Sai College for women, Jawahar Nagar Kachi Basti, Jaipur through its Secretary Sh. J.N. Sharma.

¶28

… Petitioner

¶29

Versus

¶30

State of Rajasthan, through Secretary Local Self Govt., State Secretariat, Bhagwan Das Road, Jaipur;

¶31

Jaipur Nagar Nigam, through Mayor, Lal Kothi, Jaipur;

¶32

Chief Executive Officer, Jaipur Nagar Nigam, Lal Kothi, Jaipur;

¶33

CWP – 4433/2010 ALONG WITH OTHERS

¶34

¶35

Commissioner (Revenue), Jaipur Nagar Nigam, Lal Kothi , Jaipur

¶36

Commissioner, Moti Doongari Zone, Jaipur Nagar Nigam, Near Sophia Girls Schools, Ghatgate, Jaipur.

¶37

Revenue Officer, Moti Doongari Zone, Jaipur Nagar , Near Sophia Girls School, Ghatgate, Jaipur.

¶38

Assistant Revenue Inspector, Moti Doongari Zone, Jaipur Nagar Nigam, Near Sophia Girls School, Ghatgate, Jaipur.

¶39

…..Respondents

¶40

4. S.B. Civil Writ Petition No.: 10430/2014

¶41

SETH SADHURAM GOVINDRAM POOJ PANCHAYAT SHIKARPUR (SINDH) DHARAMSHALA TRUST, owning and managing the Dharamshala at B-17, New Colony, M.I. Road, Jaipur through its Secretary Sh. Ishwar Lal Ahuja.

¶42

….Petitioner Versus

¶43

State of Rajasthan, through Secretary Local Self Govt., State Secretariat, Bhagwan Das Road, Jaipur;

¶44

Jaipur Nagar Nigam, through Mayor, Lal Kothi, Jaipur

¶45

Chief Executive Officer, Jaipur Nagar Nigam, Lal Kothi, Jaipur;

¶46

4.Commissioner (Revenue), Jaipur Nagar Nigam , Lal Kothi, Jaipur;

¶47

CWP – 4433/2010 ALONG WITH OTHERS

¶48

¶49

Commissioner, Civil Lines Zone, Jaipur Nagar Nigam, Behind

¶50

New Vidhan Sabha, Lal Kothi, Jaipur.

¶51

Revenue Officer, Civil Line Zone, Jaipur Nagar Nigam, Behind New Vidhan Sabha, Lal Kothi, Jaipur.

¶52

5. S.B. Civil Writ Petition No: 10458/2014

¶53

SINDHI PANCHAYAT EDUCATION TRUST, running and managing the M.C. Sindhi Panchayat Senior Secondary School, New Colony, M.I. Road, Jaipur through its Treasurer Sh. Ishwar Lal Ahuja.

¶54

Versus

¶55

State of Rajasthan, through Secretary Local Self Govt., State Secretariat, Bhagwan Das Road, Jaipur;

¶56

Jaipur Nagar Nigam, through Mayor, Lal Kothi jaipur;

¶57

Chief Executive officer, Jaipur Nagar Nigam, Lal Kothi , Jaipur;

¶58

Commissioner (Revenue), Jaipur Nagar Nigam, Lal kothi, Jaipur;

¶59

Commissioner, Civil Lines Zone, Jaipur Nagar Nigam, Behind New Vidhan Sabha, Lal Kothi , Jaipur.

¶60

Revenue Officer, Civil Line Zone, Jaipur Nagar Nigam, Behind New Vidhan Sabha, Lal Kothi, Jaipur.

¶61

CWP – 4433/2010 ALONG WITH OTHERS

¶62

¶63

6. S.B. Civil Writ Petition No: 10797/2014

¶64

Saint Xavier’s College, Hathroi Garhi, Jaipur, a unit of Jaipur Xavier Educational Society, through the Dean, Father Augustine.

¶65

Versus

¶66

State of Rajasthan, through Secretary Local Self Govt., State Secretariat, Bhagwan Das Road, Jaipur;

¶67

Jaipur Nagar Nigam, through Mayor, Lal Kothi, jaipur;

¶68

Chief Executive Officer, Jaipur Nagar Nigam, Lal Kothi, Jaipur;

¶69

Commissioner, (Revenue), jaipur Nagar Nigam, Lal Kothi, Jaipur;

¶70

Commissioner, Civil Line Zone, Jaipur Nagar Nigam , Near New Vidhan Sabha, Lal Kothi, Jaipur.

¶71

Revenue Officer, Civil Line Zone, Jaipur Nagar Nigam, Near New Vidhan Sabha, Lal Kothi, Jaipur.

¶72

Assistant Revenue Inspector, Civil Line Zone, Jaipur Nagar Nigam , Near New Vidhan Sabha, Lal Kothi, Jaipur.

¶73

7. S.B. CIVIL WRIT PETITION NO. 11328/2014

¶74

JAIPUR ENGINEERING COLLEGE & RESEARCH CENTER,

¶75

Village Sukhpuriya, Opp. EPIP, Sitapura, Tonk Road, Jaipur, a college run and managed by NATIONAL SOCIETY FOR

¶76

CWP – 4433/2010 ALONG WITH OTHERS

¶77

¶78

ENGINEERING RESEARCH & DEVELOPMENT , through its Secretary Mr. Arpit Agarwal.

¶79

Arpit Agrwal S/o Shri O.P. Agarwal, r/o 25, Shree Rampura Colony, Civil Lines, Jaipur

¶80

...Petitioners

¶81

Versus

¶82

The State of Rajasthan, through Secretary Local Self Govt, State Secretariat, Bhagwan Das Road, Jaipur.

¶83

The Chief Executive Officer, Jaipur Municipal Corporation, Lal Kothi Jaipur.

¶84

Commissioner-Revenue, Jaipur Municipal Corporation, Lal Kothi, Jaipur.

¶85

Commissioner, Man Sarovar Zone, Jaipur Municipal Corporation, “Career Point Building” Near Riddhi-Siddhi Chouraha, Jaipur.

¶86

Revenue Officer, Man Sarovar Zone, Jaipur Municipal Corporation, “Career Point Building” Near Riddhi-Siddhi Chouraha, Jaipur.

¶87

…..Respondents

¶88

Date of Order : 11^th November, 2016

¶89

HON'BLE MR. JUSTICE M.N.BHANDARI

¶90

Mr.Anant Kasliwal ]

¶91

Mr.Shahsi Bhushan Gupta ], for the petitioners. Mrs.Naina Saraf, for the respondents.

¶92

CWP – 4433/2010 ALONG WITH OTHERS

¶93

¶94

BY THE COURT :-

¶95

Learned counsel for the parties submit that all the writ petitions are covered by the judgment of this Court in the case of Roman Catholic Diocesan Education Society, Jaipur & Anr. Vs. Commissioner, Jaipur Municipal Corporation, Jaipur & Ors. in SB Civil Writ Petition No.3656/2005 decided on 19^th October, 2016 along with other writ petitions. In the light of the aforesaid, these writ petitions may be governed by the judgment in the case of Roman Catholic Diocesan Education Society, Jaipur & Anr. (supra). A further prayer is made for repayment of the amount, so recovered.

¶96

Learned counsel for the respondents has no objection to the aforesaid but prayed for a liberty to refer the judgment of the Apex Court in the case of Municipal Corporation of Delhi Etc. Vs. Children Book Trust Etc. reported in 1991 Scale (2) 491 in the appeal, if preferred by the petitioners.

¶97

In view of the prayer made by learned counsel for the parties, these writ petitions are disposed of and are ordered to be governed by the judgment in the case of Roman Catholic Diocesan Education Society, Jaipur & Anr. (supra).

¶98

CWP – 4433/2010 ALONG WITH OTHERS

¶99

¶100

The respondents would be at liberty to refer the

¶101

judgment of the Apex Court in the case of Municipal Corporation

¶102

of Delhi Etc. (supra), if appeals are preferred by the petitioners.

¶103

A copy of this order be placed in each connected file.

¶104