Rajasthan High Court - Jaipur
Dr Netrapal Singh And Ors vs State (Education Department)Ors on 20 April, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 6417/2015
1. Dr. Netrapal Singh S/o Shri Hari Ramgocher aged about 38
years, R/o Village Kankra Dungar, Post Uttrana, Tehsil Indergarh,
District Bundi, Raj.
2. Dr. Jagdish Prasad Sharma S/o Shri Ravi Dutta Sharma, aged
about 36 years, R/o Village and Post Bansi Via Dei, Tehsil
Nainwa, District Bundi, Raj.
3. Gulab Chand Verma S/o Shri Bhima Ram Regar, aged about
42 years, R/o Village and post Bansi Via Dei, Tehsil Nainwa,
District Bundi, Raj.
4. Dr. Jagdish Prasad Meena S/o S.N. Meena aged about 44
years, R/o 10-F-21, Mahaveer Nagar-III, Kota, Raj.
5. Kultar Meena S/o Shri Ghashi Lal aged about 34 years, R/o
Village Sunthali, Post Dhanu Ganav, Tehsil Nainwa, District
Bundi, Raj.
6. Rajendra Kumar S/o Shri Phool Chand Verma aged about 44
years, R/o E-490, Lal Kothi Scheme, behind New Vidhan Sabha,
Jaipur, Raj.
7. Dr. Shyam Sunder Pareek S/o Shri Bhanwar Lal Pareek, aged
about 39 years, R/o Village and Post Mor Via Malpura, District
Tonk, Raj.
8. Sonu Chandel S/o Shri Gajanand Chandel aged about 27
years, R/o Village and Post Bundi Ka Gothara, Tehsil Hindoli,
District Bundi, Raj.
9. Mukesh Kumar Sharma S/o Shri Mahavir Prasad Sharma aged
about 38 years, R/o Ward No.8, Bheru Gali, Nainwa, District
Bundi, Raj.
10. Foru Lal Meena S/o Shoji Lal Meena aged about 31 years,
R/o Village Bhajneri Ki Jhopriya, Post Bhanjneri, Tehsil Nainwa,
District Bundi, Raj.
----Petitioners
Versus
1. State of Rajasthan through Principal Secretary, Higher
Education, Government of Rajasthan, Secretariat, Jaipur.
2. Commissioner, Department of College Education, Block-IV, Dr.
Radha Krishanan Shiksha Shankul, Jawahar Lal Nehru Marg,
Jaipur, Rajasthan.
3. Principal, Bhagwan Adinath Jairaj Marwara Vikas Samiti,
Nainwa District Bundi, Rajasthan.
4. President of College Vikas Samiti (Sub-divisional Officer)
Nainwa, District Bundi, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Nitesh Rawat, Adv. on behalf of Mr. Gaurav Sharma, Adv.
For Respondent(s) : Mr. Jai Lodha, Adv. Mr. Karan Tiberwal, Adv. on behalf of AAG.
(2 of 5) [CW-6417/2015]
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
20/04/2018
The matter comes up on the misc. application
No.22123/2018 filed by the petitioners to dispose of the writ petition in the light of the judgment passed at Principal Seat, Jodhpur in DB Special Appeal (Writ) No.55/2017 and other connected special appeals.
Learned counsel has submitted that the view taken by the ld. Single Judge at the Principal Seat, Jodhpur in SBCWP No.9409/2014 dt.17.10.2016, has been affirmed by the Division Bench. The learned counsel for the petitioner submits that the learned Single Judge at Principal Seat, Jodhpur had allowed the writ petition filed by the society against the order dt.26.09.2014 passed by the Deputy Secretary (Administration), Department of Higher Education (Group-III), Government of Rajasthan and also granted consequential benefits in favour of the petitioner i.e. Meera Girls College and Meera Girls Higher Secondary School at Sangariya, District Hanumangarh.
Learned counsel has submitted that appeal being filed by the State of Rajasthan, the Division Bench by its order dt.02.04.2018 dismissed the special appeals in allowing the terms:-
"In view of the above, we are in complete agreement with the finding given by the learned Single Judge so as to quash the order dt.26.09.2014 passed by the Dy. Secretary (Admn.), Higher Education (Group-III) Department qua the Meera Girls College, Sangaria, District Hanumangarh. Therefore, there is no question to interfere in the order impugned. However, it is made it clear that if the appellant State is still desirous to take (3 of 5) [CW-6417/2015] action so as to quash the order dt.31.08.2013, the State Government will be at liberty to give notice to the respondent institution and after receiving reply if any and providing an opportunity of hearing, the State Government will be free to decide the question of taking over the institution by speaking order within a period of three months.
Consequently, all the aforesaid appeals are hereby dismissed with above observations."
Mr. Karan Tiberwal, Adv. appears on behalf of Mr. Rajendra Prasad, Addl. Advocate General opposed the application filed by the petitioner for deciding the writ petition in terms of the orders passed by the ld. Single Bench at the Principal Seat, Jodhpur and the Division Bench order in the special appeal. Learned counsel has submitted that at the Principal Seat, Jodhpur, the order was passed by the ld. Single Judge in the petition filed by the society and further the Division Bench has given an opportunity only to the society concerned to file their representation & opportunity is only afforded to the society to make representation against the order dt.26.09.2014. Learned counsel has submitted that the same principle may not be made applicable in the case of the present petitioners and the petitioners who are the employee cannot be afforded an opportunity to make representation against the order which was issued by the Department on 26.09.2014.
Learned counsel has further submitted that the issue decided at the Principal Seat, Jodhpur was raised by the society and the petitioners cannot be conferred any benefit on the same analogy.
Mr. Nitesh Rawat, counsel for the petitioners has submitted that the petition which was filed in the High Court of Judicature at Jaipur Bench, Jaipur [SBCWP No.10761/2014 (Rajesh Kumar (4 of 5) [CW-6417/2015] Mahawar & Ors. Vs. State of Rajasthan & Ors.)] was decided on 08.11.2016 by the Coordinate Bench of this Court. The order passed by the Coordinate Bench is reproduced as hereunder:-
"Learned counsel for the parties are ad idem that the controversy involved in the present matter has been covered and decided by coordinate bench of this Court at Principal Seal, Jodhpur in Meera Shiksha Samiti, Sangariya Vs. State of Rajasthan & Ors., SBCWP No.9409/2014 dt.10.10.2016.
In view of above, the writ petition is allowed and the impugned order dt.26.09.2014 passed by the Dy. Secretary (Admn.), Higher Education (Group-III) Department is quashed and set aside and the direction in the judgment aforesaid shall mutatis mutandis apply to the present case too."
Learned counsel has further placed before this Court the order passed in SBCWP No.11884/2014 in the case of Balmukund Meena & Ors. Vs. State of Rajasthan & Ors. where this Court relying on the judgment passed in the case of Rajesh Kumar Mahawar (supra), disposed of the writ petition and accordingly, the case was to be governed by the judgment passed in the case of Rajesh Kumar Mahawar (supra).
This Court further finds that in SBCWP No.15948/2016 Mukesh Kumar Nagar & Anr. Vs. State of Rajasthan & Ors. & connected writ petitions were decided by this Court by order dt.04.01.2017 and the Court relied on the judgment dt.17.10.2016 passed at Principal Seat, Jodhpur in the case of Meera Shiksha Samiti (supra) in SBCWP No. 9409/2014 and this Court further set aside the order dt.26.09.2014 passed by the Deputy Secretary, Department of Higher Education, Government of Rajasthan and after setting aside the said order, the court (5 of 5) [CW-6417/2015] directed that the directions given in the case of Meera Shiksha Samiti, Sangariya (supra) shall mutatis mutandis apply in the present case decided by this Court.
I have heard counsel for the parties and perused the material available on record.
This Court finds that once the Principal Seat at Jodhpur has decided the same controversy and the judgment of the ld. Single Judge has been examined by the Division Bench, this Court has no option to take a different view and make further clarification in the order, as sought by the ld. Addl. Advocate General. The Principal Seat, Jodhpur as well as the Coordinate Bench of this Court at Jaipur, have passed different orders allowing the writ petitions and they have further set aside the impugned orders issued by the Education Department.
The present writ petition also deserved to be allowed in terms of the orders passed by the Principal Seat, at Jodhpur as well as Coordinate Bench of this Court. Accordingly, the order dt.26.09.2014 (Annex.-13) and order dt.18.12.2014 (Annex.-14) are quashed and set aside and the other directions which were given by the Principal Seat, Jodhpur and the coordinate Bench of this court will mutatis mutandis apply to the present petition also.
Accordingly, the present writ petition stands disposed of, with the above observations.
(ASHOK KUMAR GAUR),J A.Kumar/22