Rajasthan High Court - Jaipur
Softex Shiksha Samiti vs State (Education Department)Ors on 28 October, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. WRIT PETITION No.17628/2013. Softex Shiksha Samiti Udaipura Vs. State of Rajasthan & Ors. Date of order:- October 28, 2013. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri B.M. Sharma for the petitioner. ***** BY THE COURT:-
This writ petition has been filed against the order of the District Education Officer, Primary Education, Dausa dated 28/2/2013 (Ann.2).
This writ petition may not be directly maintainable before this court because the legislature in its wisdom has under Section 6 of the Rajasthan Non-Government Education Institutions (Grant-in-aid and other service condition) Rules, 1993 provided for remedy of appeal against the order of withdrawal of recognition within thirty days from the date of communication of such withdrawal.
Considering that petitioner has first approached this court and in the meantime, limitation for filing appeal may have elapsed, it is directed that if petitioner now prefers appeal before the Appellate Authority in the Department of Upper Primary Education, same shall be entertained on merits. Petitioner additionally prayed for the interim order on the ground that education of the students, who are already admitted in the school may not suffer. Petitioner shall be at liberty to make an application with the appeal with the prayer of interim relief, which shall also be considered and decided at the earliest.
With that liberty, the petition is dismissed as not maintainable.
(MOHAMMAD RAFIQ), J.
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