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Mc,Shri Hanwant Sr.Sec.School Vs… — Education and Admissions | Rajasthan HC (2019)

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Rajasthan HC
2019
Mc,Shri Hanwant Sr.Sec.School Vs Raj.Non-Government Mc,Shri Hanwant Sr.Sec.School v. Raj.Non-Government Edu,Inst

Dismissed

Mc,Shri Hanwant Sr.Sec.School v. Raj.Non-Government Edu,Inst.Tri. and Ors.

Rajasthan HC14 Oct 2019CW/13936/2017

Case brief

AI extract

What is this about?

High Court disposed of multiple connected writ petitions challenging a Tribunal order to pay benefits. The Court clarified that petitioners are liable only for 20% and interest, with the State Government bearing the remaining 80% and interest based on precedential directions.

What did the court decide?

Writ petitions dismissed affirming Tribunal order with clarification on payment sharing.

What the court decided

AI extract

Outcome

Writ petitions dismissed affirming Tribunal order with clarification on payment sharing.

Issue for consideration

Whether the petitioners are liable to pay 20% of benefits and interest or a larger portion. +1 more

Detailed headnote1 paragraphs

Where a Tribunal directed educational institutions to pay benefits, the High Court clarified liability in light of Bhagwan Das Todi College judgment: the institution is answerable for 20% and interest only; the balance of 80% and interest is to be borne by the State Government. This clarification does not affect pending execution proceedings.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 13919/2017

Managing Committee, Hanwant Sr Sec. Schl

----Petitioner

Versus

Raj. Non-Govt Edu.inst.tri And Ors

----Respondent

Connected With

S.B. Civil Writ Petition No. 13936/2017

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13937/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj. Non-Govt Edu.inst.tri And Ors

----Respondent

S.B. Civil Writ Petition No. 13938/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13939/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13940/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13941/2017

Mc Shri Hanwant Sr. Sec. School

[CW-13919/2017]

(2 of 5)

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13942/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13943/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13944/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13945/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj. Non-Govt Edu.inst.tri And Ors

----Respondent

S.B. Civil Writ Petition No. 13946/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner

Versus

Raj. Non-Govt Edu.inst.tri And Ors

----Respondent

S.B. Civil Writ Petition No. 13947/2017

Mc Shri Hanwant Sr. Sec. School

----Petitioner Versus Raj. Non-Govt Edu.inst.tri And Ors ----Respondent S.B. Civil Writ Petition No. 13948/2017

Raj. Non-Govt Edu.inst.tri And Ors

[CW-13919/2017]

(3 of 5)

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13949/2017

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13950/2017

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13951/2017

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

S.B. Civil Writ Petition No. 13952/2017

Mc,shri Hanwant Sr.sec.school

----Petitioner

Versus

Raj.non-Government Edu,inst.tri. And Ors.

----Respondent

For Petitioner(s) : Mr. D.D. Chitlangi For Respondent(s) : Mr. H.R. Soni Mr. Hemant Choudhary

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

14/10/2019

The present writ petitions have been filed challenging the order passed by the Rajasthan Non-Government Educational

[CW-13919/2017]

(4 of 5)

Institutions Tribunal, Jaipur dated 26.07.2017 wherein the Tribunal has directed the petitioners to pay the benefits due to the respondents in pursuance of the directions issued by the Division Bench of this Court in D.B. Civil Special Appeal (W) No.663/2015 :: State of Rajasthan & Ors. Vs. Managing Committee, Shri Bhagwan Das Todi College through Secretary, Laxmangarh, District Sikar decided on 6.11.2015.

Heard counsel for the parties.

Counsel for the petitioner submits that he will be satisfied if the clarification is made that the petitioners are answerable for the payment to the tune of 20% and interest in the light of the judgment of Bhagwan Das Todi College (supra).

Counsel for the respondents submits that the execution proceedings are already in progress for the execution of the order dated 26.7.2017. He fairly submits that his claim qua the institution is only to the extent of 20% and interest only and rest of the 80% and interest has been claimed against the State Government.

Counsel for the respondent also submits that mostly the payment towards the 20% has already been made by the institutions.

Considering the submissions made at the bar, these writ petitions are disposed of affirming the order passed by the Tribunal dated 26.7.2017 with the clarification that the petitioners will be responsible for making the payment to the tune of 20% and interest only and rest of the 80% and interest will be borne by the State Government as directed by this Court in the case of Bhagwan Das Todi College (supra).

[CW-13919/2017]

(5 of 5)

Needless to say that the statement with respect to 80% of the payment due to respondents shall also be processed by the petitioners with the State Government as expeditiously as possible, if not already done.

It is made clear that the observations made hereinabove will have no bearing in the execution proceedings pending before the concerned Executing Court.

(VINIT KUMAR MATHUR),J

96-113/praveen

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioners are liable to pay 20% of benefits and interest or a larger portion.
2.
Whether the remaining 80% of payments and interest are to be borne by the State Government.

Cases cited

Colour shows how this judgement treated each authority

AI extract

State of Rajasthan & Ors. Vs. Managing Committee, Shri Bhagwan Das Todi CollegeApplied¶119
D.B. Civil Special Appeal (W) No.663/2015 :: State of Rajasthan & Ors. Vs. Managing Committee, Shri Bhagwan Das Todi College

Parties & counsel

AI extract

petitioner
Managing Committee, Hanwant Sr Sec. Schl
petitioner
Mc,shri Hanwant Sr.sec.school
respondent
Raj. Non-Govt Edu.inst.tri And Ors

Coram

AI extract

VINIT KUMAR MATHUR

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 14 Oct 2019 · October
Registered: 30 Oct 2017
Case no.: CW/13936/2017
CNR: RJHC010866682017
Topic: Education and Admissions
Bench: Vinit Kumar Mathur
Disposal: DISPOSED OF

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Cite this judgement

Mc,Shri Hanwant Sr.Sec.School v. Raj.Non-Government Edu,Inst.Tri. and Ors., CW/13936/2017 (RJ), decided on 14 October 2019.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

State of Rajasthan & Ors. Vs. Managing Committee, Shri Bhagwan Das Todi CollegeApplied¶119

Open Authorities

Bench / Coram

VINIT KUMAR MATHUR

Parties & counsel