The High Court disposed of multiple writ petitions challenging an order of the Rajasthan Educational Institutions Tribunal. The Court clarified the petitioners' liability for payment of benefits.
Affirmed the Tribunal's order; clarified that petitioners pay 20% plus interest while the State pays the remaining 80%.
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.
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
1 issue framed by the court
Whether the petitioners are liable to pay the full benefits due to the respondents under the Bhagwan Das Todi College judgment.
Colour shows how this judgement treated each authority
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 through Secretary, Laxmangarh
Managing Committee, Hanwant Sr Sec. Schl
Raj. Non-Govt Edu.inst.tri And Ors
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
