Supreme Court - Daily Orders
Gandhi Sewa Sadan Rajsmand vs State Of Rajasthan on 8 February, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari
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ITEM NO.36+38 Court 5 (Video Conferencing) SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).27907-27916/2019
(Arising out of impugned final judgment and order dated 14-08-2019
in DBCWP No. 6453/2018 14-08-2019 in DBCWP No. 5080/2017 14-08-2019
in DBCWP No. 5088/2017 14-08-2019 in DBCWP No. 6454/2018 14-08-2019
in DBCWP No. 6480/2018 14-08-2019 in DBCWP No. 6485/2018 14-08-2019
in DBCWP No. 6491/2018 14-08-2019 in DBCWP No. 6492/2018 14-08-2019
in DBCWP No. 7919/2018 14-08-2019 in DBCWP No. 6414/2018 passed by
the High Court Of Judicature For Rajasthan At Jodhpur)
GANDHI SEWA SADAN RAJSMAND Petitioner(s)
VERSUS
STATE OF RAJASTHAN & ORS. Respondent(s)
WITH
SLP(C) No. 27987/2019 (XV)
SLP(C) No. 27881/2019 (XV)
SLP(C) No. 2942/2020 (XV)
SLP(C) No. 5902/2020 (XV)
Diary No(s). 6803/2020 (XV)
IA No. 111851/2020 - CONDONATION OF DELAY IN FILING
IA No. 111854/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 5470/2020 (XV)
SLP(C) No. 5589/2020 (XV)
SLP(C) No. 431/2021 (XV)
(FOR ADMISSION and I.R. and IA No.2305/2021-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.2307/2021-EXEMPTION FROM
FILING O.T. and IA No.2924/2021-EXEMPTION FROM FILING O.T. and IA
No.2923/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Diary No(s). 44/2021 (XV)
Signature Not Verified
(FOR ADMISSION and I.R. and IA No.1704/2021-EXEMPTION FROM FILING
Digitally signed by
NEETU KHAJURIA
Date: 2021.02.09
C/C OF THE IMPUGNED JUDGMENT and IA No.1701/2021-EXEMPTION FROM
17:33:58 IST
Reason:
FILING O.T. and IA No.1703/2021-PERMISSION TO FILE PETITION
(SLP/TP/WP/..))
SLP(C) No. 577-579/2021 (XV)
(FOR ADMISSION and I.R. and IA No.3012/2021-EXEMPTION FROM FILING
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O.T.)
SLP(C) No(s). 619/2021
(IA No.3228/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
and IA No.3229/2021-EXEMPTION FROM FILING O.T. and IA No.3231/2021-
EXEMPTION FROM FILING AFFIDAVIT and IA No.3232/2021-PERMISSION TO
FILE LENGTHY LIST OF DATES
Date : 08-02-2021 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE DINESH MAHESHWARI
For Petitioner(s)
Mr. Shyam Divan, Sr. Adv.
Mr. Anuroop singhi, Adv.
Mr. Puneet Jain, Adv.
Mr. Ankit Anandraj Shah, AOR
Ms. Christi Jain, Adv.
Ms. Anshula Laroiya, Adv.
Mr. Pallav Shishodia, Sr. Adv
Mr. Rishabh Sancheti, Adv
Ms. Padma Priya, Adv
Mr. Anchit Bhandari, Adv
Ms. Shreya Gupta, Adv
Mr. K. Paarivendhan, AOR
Mr. C.U. Singh, Sr. Adv.
Mr. Azeem Samuel, Adv.
Ms. Alankrita Sharma, Adv.
Mr. Rishab Khandelwal, Adv.
Ms. Daisy Hannah, AOR
Mr. Prateek Kasliwal, Adv
Ms. Archana Pathak Dave, AOR
Ms. Gauri Jasana, Adv
Mr. Prakhar Sharma, Adv
Mr. Santosh Mishra, AOR
Mr. Neeraj Shekhar, AOR
Mr. Romy Chacko, AOR
Mr. Shakthi Chand Jaidwal, Adv
Mr. Mayank Kshirsagar, AOR
Ms. Pankhuri, Adv.
Mr. Chanchal Gupta, Adv.
Mr. Siddharth Sharma, Adv.
Mr. Kaustubh Jha, Adv.
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For Respondent(s) Mr. Mahabir Singh, Sr. Adv
Ms. Sumitra Choudhary, Adv
Mr. Sushil Sharma, Party-in-person
Mr. Sandeep Singh, AOR
Dr. Manish Singhvi, Sr. Adv
Mr. Sandeep Kumar Jha, AOR
Dr. Manish Singhvi, Sr. Adv
Ms. Padhmalakshmi Iyengar, Adv
Mr. Nishanth Patil, AOR
Mr. Vidit Monga, Adv
Ms. Sharmila Upadhyay, Adv.
Ms. Anshul Sharma, Adv
Mr. Amit Chhangani, Adv
Mr. Bhrigu Sharma, Adv
Ms. Anisha Upadhyay, AOR
M/S. Unuc Legal Llp, AOR
Dr. Raman Deep Singh Sidhu (kharlia)
Mrs. Pragya Baghel, AOR
Mr. Rupesh Kumar, AOR
Mr. Rajeev Sharma, Adv
Ms. Neelam Sharma, Adv
Ms. Pankhuri Shrivastava, Adv
Mr. Alekshendra Sharma, Adv
Mr. Pravesh Bahuguna, Adv
Mr. Sunil Samdaria, Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP(C) No(s). 619/2021 De-linked.
List the matter on 15th February, 2021. SLP(C) Nos.27907-27916/2019, SLP(C) No. 27987/2019 SLP(C) No. 27881/2019, SLP(C) No. 2942/2020, SLP(C) No. 5902/2020, Diary No. 6803/2020, SLP(C) No. 5470/2020, SLP(C) No. 5589/2020, SLP(C) No. 431/2021 Diary No(s). 44/2021 (XV), SLP(C) No. 577-579/2021 and SLP (C) No(s). 619/2021 Special Leave Petition (C) Diary No. 3533 of 2021 is taken up along with these matters, at the 4 request of the petitioners therein.
The hearing of these cases has been commenced and is part heard. But, since the hearing is likely to take some more time, we deem it appropriate to pass interim directions which will address the concerns of all parties in some measure.
We propose to stay the impugned order on the following conditions:
(a) The management/school may collect fees for the academic year 2019-2020 as well as 2020-2021 from the students, equivalent to fees amount notified for the academic year 2019-
2020, in six monthly installments commencing from 5th March, 2021 and ending on 5th August, 2021.
(b) The Management shall not debar any student from attending either online classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student 5 on that account.
(c) Where the parents have difficulty in remitting the fee in terms of this interim order, it will be open to those parents to approach the school concerned by an individual representation and the management of the school will consider such representation on a case-to-case basis sympathetically.
(d) The above arrangement will not affect collection of fees for the academic year 2021-2022, which would be payable by the students as and when it becomes due and payable, and as notified by the management/school.
(e) In respect of the ensuing Board examinations for classes X and XII (to be conducted in 2021) the school management shall not withhold the name of any student/candidate on the ground of non-payment of the fee/arrears, if any, on obtaining undertaking of the concerned parent/student.
(f) The above arrangements would be 6 subject to the outcome of these matters including the final directions to be given to the parties and without prejudice to the rights and contentions of the parties in these proceedings.
(g) We also direct the State of Rajasthan to ensure that all government outstanding dues towards unit cost payable to respective unaided schools are settled within one month from the today and, in any case, before 31st March, 2021. Ordered accordingly.
Heard in part.
Hearing of the aforesaid cases, shall continue on 15th February, 2021.
(NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER