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Rajasthan High Court - Jodhpur

Choudhary Channan Ram Memorial College vs State Of Rajasthan on 16 January, 2023

Author: Arun Bhansali

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 11081/2022

Choudhary      Channan        Ram       Memorial         College,      Chak   1Fa,
Gajsinghpur Road, Srikaranpur, District Sriganganagar Through
Its Society Choudhary Channan Ram Memorial Shikshan Samiti,
Srikaranpur, District Sriganganagar Through Its Secretary Shyam
Sunder Kamboj S/o Shri Narayan Dass, Aged About 44 Years, R/
o Ward No. 10, Kachi Thedi, Karanpur, Ganganagar (Raj.).
                                                                    ----Petitioner
                                    Versus
1.     State    Of      Rajasthan,        Through          Principal    Secretary,
       Department        Of     Higher       Education,          Government    Of
       Rajasthan, Secretariat, Jaipur.
2.     The Commissioner, Department Of College Education,
       Block-Iv, Rks Sankul, Jln Road, Jaipur.
3.     The Joint Director (Private Institution), Department Of
       College Education, Block-Iv, Rks Sankul, Jln Road, Jaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vivek Firoda.
For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

Order 16/01/2023 Learned counsel for the petitioner, with reference to order in Sita Devi Education Society Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13200/2019 and other connected matters, decided on 11.03.2022 at Jaipur Bench, made submissions that as the policy under which the penalty has been imposed against the petitioner on 19.07.2022 (Annex.10) has been quashed by the Court and, therefore, the imposition of penalty against the petitioner be stayed.

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(2 of 2) [CW-11081/2022] On being put a question, learned counsel submits that in D.B. Special Appeal (Writ) No.526/2022, the Division Bench has stayed the operation of order dated 11.03.2022.

However, it is submitted that despite the stay by the Division Bench, a Coordinate Bench of this Court on 17.08.2022 in S.B. Civil Writ Petition No.10674/2022 has granted interim order and, therefore, the petitioner may also be granted interim order.

A perusal of the order dated 17.08.2022 passed in S.B. Civil Writ Petition No.10674/2022 does not indicate either the Single Bench judgment in Writ Petition No.13200/2019 and/or the fact that the Division Bench has stayed the order, was brought to the notice of the Court.

In that view of the matter, interim order granted in SBCWP No.10674/2022 is of no avail.

Learned counsel for the petitioner prays for time. List the matter after three weeks.

(ARUN BHANSALI),J 111-pradeep/-

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