Partly allowed

J.B. Senior Secondary School v. Saroj Devi and Ors.

Rajasthan HC13 Dec 2018CW/1728/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the writ petition partly, setting aside an ex-parte order of the Rajasthan Non Government Educational Institution Tribunal and remanding the matter for decision on merits after affording the petitioner an opportunity of hearing.

What did the court decide?

The order dated 8/5/2014 passed by the Rajasthan Non Government Educational Institution Tribunal, Jaipur is set aside and the matter is remanded back to the Tribunal for deciding the same after afford

J.B. Senior Secondary School Vs Saroj Devi and Ors. — Rajasthan HC (2018) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 1728/2016

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J.B. Senior Secondary School, Ladanu through its Managing Trustee Sardul Singh Jain s/o Shri Ashkaran Jain, B/c Oswal (Bhutodiya), R/o Ladnu, District Nagaur (Raj.) at present residing at Kolkata, West Bengal.

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----Petitioner

¶5

Versus

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Saroj Devi w/o Late Shri Lakhan Singh Sharam, aged about 61 years, R/o Dusari Patti, Ladnu, District Nagaur.

¶7

Sanad Kumar s/o Late Shri Lakhan Singh Sharma R/o Dusari Patti, Ladnu, District Nagaur.

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Miss Richa D/o Late Shri Lakhan Singh Sharma, R/o Dusari Patti, Ladnu, District Nagaur.

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J.B.Senior Secondary School, Ladnu, District Nagaur through its Administrator cum District Education Officer Secondary, Nagaur (Raj.)

¶10

Director, Secondary Education, Rajasthan, Bikaner (Raj.)

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The Rajasthan Non Governmental Education Institution Tribunal, Jaipur through its Registrar.

¶12

----Respondents

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For Petitioner(s)	: Mr. J.S.Bhalelria.
For Respondent(s)	: Mr. Ashwini Swami.
	Mr. B.L.Bhati, G.C.

¶14

HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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13/12/2018

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This writ petition has been filed by the petitioner aggrieved against the order dated 8/5/2014 passed by the Rajasthan NonGovernment Educational Institution Tribunal, Jaipur (‘the Tribunal’).

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It is inter alia indicated in the writ petition that a Trust was formed to run the school known as J.B.Senior Secondary School,

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(2 of 3) [CW-1728/2016]

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Ladnu for which a management committee was constituted; on 13/5/2003 the District Education Officer, Nagaur appointed an administrator under the Rajasthan Non-Government Educational Institutions Act, 1989 (‘the Act, 1989’) to run the school.

¶21

The respondent Saroj Devi and other filed an application before the Tribunal seeking certain reliefs, wherein, the school was impleaded through the administrator. Before the Tribunal nobody appeared on behalf of the school and an ex-parte judgment was delivered on 8/5/2014. Whereafter, the respondents filed an application for execution of the award, wherein, the civil court, Ladnu ordered for auction of property of the school, it was only then that for the first time the petitioner came to know about the proceedings initiated before the Tribunal and the ex-parte judgment passed on 8/5/2014, filed an application before the Civil Judge, Ladnu seeking stay of further proceedings in execution case and the present writ petition has been filed.

¶22

Learned counsel for the petitioner raised several issues, which were contested by the learned counsel for the respondents no. 1 to 3.

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I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

¶24

A bare look at the judgment impugned dated 8/5/2014 (Annex.P/4) would reveal that the same was passed ex-parte as the administrator chose not to appear before the Tribunal.

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Without going into the merits of the contentions raised by the learned counsel for the petitioner and contested by learned counsel for the respondents pertaining to merit of the order passed by the Tribunal, it would be in fitness of things if the petitioner is granted one opportunity to appear before the Tribunal

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(3 of 3) [CW-1728/2016]

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and make submissions/contest the matter on merits, to which apparently, the respondents have no serious objections, except that the matter must come to an end expeditiously.

¶28

In view of the above, the writ petition filed by the petitioner is partly allowed. The order dated 8/5/2014 (Annex.P/4) is set aside and the matter is remanded back to the Tribunal for deciding the same in accordance with law after affording an opportunity of hearing to the petitioner on merits of the dispute raised by the respondents no.1 to 3.

¶29

The parties shall appear before the Tribunal on 16/1/2019. The Tribunal would determine the proceedings before it within a period of three months from the date appearance is made by the parties.

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It is made clear that in case the petitioner fails to appear on the date fixed and/or does not contest the matter, this writ petition would be deemed to have been rejected by this Court and the judgment dated 8/5/2014 would revive along with the execution proceedings.

¶31

No order as to costs.

¶32

(ARUN BHANSALI),J

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75-baweja/-

J.B. Senior Secondary School v. Saroj Devi and Ors.

Case brief

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J.B. Senior Secondary School v. Saroj Devi and Ors.

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