Dismissed

State v. Pragyag Bhadani

Rajasthan HC16 May 2023CW/3337/1999

Case brief

AI extract

What is this about?

In this S.B. Civil Writ Petition, the State of Rajasthan challenged an order of the Rajasthan Non Government Educational Institution Tribunal regarding the non-termination of two teachers. The Court dismissed the petition, noting the State was not an intended party to the restraining order, rendering the writ futile.

What did the court decide?

Dismissal of the instant writ petition and stay application.

State Vs Pragyag Bhadani — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/010946]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3337/1999

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The State Of Rajasthan through The Director, Primary And Secondary Education Rajasthan, Bikaner

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----Petitioner

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Versus

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Pragya Bhadani W/o Shri Shalesh Bhadani, aged 32 years, resident of Chabili Ghati, Bikaner

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Urmila Purohit W/o Shri Dayashankar Purohit, resident of Rani Bazar, Bikaner

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---Non Petitioners.

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Hon’ry Secretary, Fatehchand Dhammani Girls Vidhya Mandir Senior Higher Secondary School, Bikaner

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Head Mistress, Fateh Chand Dhammani Girls Vidhya Mandir Senior Higher Secondary School, Bikaner

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----Respondents

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For Petitioner(s) : Mr. S. Zakawat Ali, AGC For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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16/05/2023

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Instant petition has been filed by the petitioner-State of Rajasthan with the following prayer:-

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“It is, therefore, most respectfully prayed that in the facts and circumstances, mentioned above, Your Lordships be pleased to accept this writ petition and:-

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(i) issue an appropriate writ, order or direction for quashing and setting aside the order dated 8- 1-1996 passed by the Rajasthan NonGovernment Educational Institution Tribunal in case No.73/95;

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(ii) Issue an appropriate writ, order or direction to pass an order that the application so filed by the non-petitioner No.1 & 2 was not maintainable under Section 21 of the Act of 1989;

(2 of 2)

[2023/RJJP/010946]

[CW-3337/1999]

(iii) may further be pleased to give a declaration that the non-petitioner No. 1 & 2 were not employees of the proforma non-petitioners and after facing the selection committee and failing to be selected, they did not have any right to file an application in the guise of employee of the proforma non-petitioners;

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(iv) any other order or direction which this Hon’ble Court may deem fit and proper may also be passed in favour of petitioner.”

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Perusal of the order/direction issued by the Rajasthan NonGovernment Educational Institution Tribunal, Jaipur (for short ‘the Tribunal’) indicates that no direction has been issued against the petitioner-State. The Tribunal has issued directions to the respondents No. 3 and 4 i.e. Management of Girls Vidhya Mandir Senior Higher Secondary School, Bikaner not to terminate the services of the respondent No.1-Pragya Bhadani and respondent No.2-Urmila Purohit till completion of their service tenure. However, a liberty was granted to the Management to follow the provisions contained under Section 18 of the Rajasthan NonGovernment Educational Institutions Act, 1989 and Rule 39 of the Rajasthan Non Government Educational Institutions Rules, 1993 before proceeding against Respondents Nos. 3 and 4.

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This court is unable to understand that under what circumstances, the State has felt aggrieved by the impugned order dated 08.01.1996 when no order/direction has been issued against the State.

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In view of the above factual aspect of the matter, instant petition stands dismissed.

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Stay application and all application(s) (pending, if any) also stands dismissed.

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(ANOOP KUMAR DHAND),J

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MR/4

State v. Pragyag Bhadani

Case brief

What is this about?

What did the court decide?

State v. Pragyag Bhadani

Case brief

What is this about?

What did the court decide?

What the court decided

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