GANGANAGAR ADVOCATE

Rajasthan High Court Jaipur and Jodhpur

Sr. No.

Title

Case No.

 Date of    Decision

Citation

SJR 0001 Yashpal Sharma  Vs. Rajasthan Non-Government Educational Tribunal                                   S.B. Civil Writ Petition No. 6559/97 24-07-2001 Teachers of un-aided Private Schools are entitled to get equal salary as given to the Government teachers.
SJR 0002 Management Committee, Shri Gandhi Senior Secondary School Gulabpua (Bhilwara) Vs. Rang Lal Babel & Others S.B. Civil Writ Petition No. 444/2004, 25-03-2004 Teachers of Private educational institutions are entitled to get gratuity after retirement. SC Decision of Ahmedabad case has no effect.
SJR 0003 State of Rajasthan Vs. Ram Lal Soni & Others SB Civil Writ Petition No. 151/2000 07-01-2002 Teachers of Private Educational Institutions are entitled to get benefit of Leave Encashment.
SJR 0004 S.R. Higher Secondary School Vs. Rajasthan  Non-Government Educational Institutions Tribunal Jaipur & others ( Full Bench) D.B. Civil Writ Petition No. 2565/99 28-05-2002 Teachers of Private Educational institutions are entitled to get benefit of  Selection Grade and P.L. Encashment.
SJR 0005

Nehru Bal Vatika Vidyalaya Managing Committee Nohar Vs. State of Rajasthan & Ors. 

S.B.Civil Writ Petition No. 688/2001 10-04-2001 Written Approval of the Director of Education or his nominee is mandatory before termination of services of a teacher of non-government educational institution. No provision of 30 days for approval. Not deemed approval.
SJR 0006 Bagga Mali Vs. Bhawani Shanker Garg, Secretary, Srimannarayan Uchcha Madhyamik Vidyalaya, Dabok, Udaipur S.B. Civil Contempt Petition No. 408/2000 28-07-2003 Orders of Tribunal will be executed by Local Civil Court.
SJR
0007

Shri Chitragupt Shishu Gyan Mandir Middle School, Bhilwara Vs. The Rajasthan Non-Government Educational Institution Tribunal, Jaipur & Ors. (D.B.)

D.B. Civil Special Appeal No. 965/99

19-01-2000 Prior Written Consent of Director of Education is mandatory before termination of services of an employee of Non-Government Educational Institution.
SJR 0009 Central Academy Society Vs. The Rajasthan Non-Government Educational Institution Tribunal, Jaipur & Ors.  S.B.Civil Writ Petition No.4971/99 07-03-2001 Prior Written Consent of Director of Education is mandatory before termination of services of an employee of Non-Government Educational Institution. Without opportunity of hearing, termination is bad. Non receipt of decision within 30 days doesnot meen deemed approval.
SJR 0008 M.G.D. Girls School V/s Raj. Non-Govt. Educational Tribunal & Ors. S.B.Civil Writ Petition No.6279/99 25-09-2002 During pendency of enquiry provisions of Clause (iii) of Second Proviso of S.18 could not have been invoked. Order of Termination stigmatic.
SJR 0009 State of Rajasthan Vs. Abdul Gani D.B. Special Appeal (Writ) No.704/2000 11-07-2003 Teachers of Private educational institutions are entitled to get gratuity and selection grade.
SJR 0010 State of Rajasthan Vs. Abdul Gani S.B. Civil Writ Petition No. 275/2000 20-01-2000 Teachers of Private educational institutions are entitled to get gratuity and selection grade.
SJR 0011

Managing Committee, Tagore Vidya Bhawan & Ors.V/s Smt. Neelam Sisodia & ors.

S.B. Civil Writ Petition No. 4300/99 05-11-1999 Services of teachers non-government educational institutions can't be terminated without the prior written consent/approval of the Director of Education.
SJR 0012 State of Rajasthan & Ors Vs. Budh Singh & Ors. S.B. Civil Writ Petition No. 5780/2000 31-07-2003 Avoidable litigation. Writ Petition against Tribunal filed by State though the Order directed the concerned institution to give certain benefits to the employees. Sheer Misuse of due process of law. Petition dismissed with cost of Rs. 10,000/- to be recovered from the officer who gave approval for filing the petition.
SJR 0013 Balmandir Mahila Sikshak Prasiksan Mahavidyalaya Vs Raj. Non-Govt. Educational Tribunal & Ors. S.B. Civil Writ Petition No. 153/2002 18-12-2002 Principal allowed to work for 7 months after her resignation shows resignation was not accepted.
SJR 0014  Tara Chand Chokdayat Vs. State of Rajasthan S.B.Civil Petition Nos. 566/88 & 6897/88 06-03-1998 Teachers and employees of Non-government educational institutions are entitiled to get Pension and gratuity.
SJR 0015 Dr. Bajrang Lal Sharma Vs. State of Rajasthan Full Bench Civil Writ Petition No. 1722/1991 19-04-1994 Private educational institutions registered under the Societies Registration Act and receiving grant-in-aid from the Government are agency or instrumentality of the State under Article 12 of the Constitution of India.
SJR 0016 Ravindra Kumar Sabu Vs. State of Rajasthan & Ors. S.B.Civil Petition No. 4145/1993 23-09-1993 Managing Committee of each private educational institution is a statutory body so it must be constituted as per Section 9 of the Act of 1989 and Rule 23 of the Rules of 1993 and the State is obliged to see that Managing Committee of recognised institution perform its duties assigned under the Act and Rules.
SJR 00017 Bhopalwala Arya Higher Secondary School M.C, Sri Ganganagar Vs. Raj. Non-Govt. Educational Tribunal & Ors. ( Sh. Arjun Lal Chamaria's case. D.B. Civil Writ Petition No. 1760/2001 04-10-2002 Teachers of private educational institutions are entitled to get benefit of Selection Grade.
SJR 00018 Balbari Vs. State of Rajasthan & Ors. SB. Civil Writ Petition No.1085 of 2000 16-01-2001 P.F. Act of 1952 is not Applicable in State of Rajasthan
SJR 00019 Smt. Pawan Bhargav Vs. State of Rajasthan S.B. Civil Writ Petition No. 2542/2001  09-08-2002

The teachers retired before 1993 from Non-Government Educational Institutions are entitled to get Gratuity. No Limitation to claim gratuity.

SJR 00020 The Managing Committee S.S. Jain Subodh Siksha Samiti, Jaipur & Ors Vs.  Rajendra Kumar Rao & Ors. S.B. Civil Writ Petition No. 2813 of 2002 with S.B. Civil Writ Petition No. 3409 of 2005 01-08-2005

Section 18 of the Rajasthan Non-Government Educational Institution Act, 1989 shall be applicable to all recognised educational institutions. Proviso (iii) of the Section 18 has to be followed in letter and spirit.

Tribunal has proceeded within its parameters. Hence Supervisory jurisdiction under Article 227 of the Constitution of India is not required to be invoked.

 

SJR 00021 Bhartiya Shiksha Samiti Gangapur Vs Raj. Non-Govt. Educational Tribunal & Ors ( Devkinandan Jayswal ) D.B. Civil Appeal ( Writ) No. 1163/2005 16-02-2006 Proviso (iii) of Section 18 of the Act of 1989 has to be followed in letter and spirit  and Employee is to be provided opportunity of Reasonable Hearing. Written consent of the Director is to be obtained before terminating teacher.
SJR 00022 Bhopalwala Arya Higher Secondary Managing Committee Sri Ganganagar Vs. The State of Rajasthan S.B. Civil ( Writ) No. 2291/2005 18-05-2005 Educational Institutions are certainly a Class of Establishments of INDUSTRIAL nature. Rajasthan Government is empowered to apply the Employee State Insurance Act, 1948 to Educational Institutions.
SJR 00023 Brahmchari Madhyamik Vidyalaya Alwar Vs. Raj. Non-Govt. Educational Tribunal & Ors  S.B. Civil Appeal ( Writ) No. 678/2002 21-07-2005 In Rajasthan The Teachers of Private Educational Institutions Retired Before 1993 are Eligible to Get Payment of Gratuity. No Limitation for demanding Payment of Retiral Benefits like GRATUITY
SJR 00024 Managing Committee Hahalya Kshetriya Shiksha Samiti Vs Tribunal ( Yash Pal Sharma Case) D.B.Civil Special Appeal (Writ) No. 46/2002 22-04-2002 Teachers in unaided private schools are entitled to get salary at par with Government employees.
SJR 00025 Nagendra Singh Vs State of Rajasthan S.B. Civil Writ Petition No. 3614/1997 22-09-2000 Before termination of Services of an employee on probation, to seeking approval of the Competent Authority is mandatory.
SJR 00026 Bhopalwala Arya Higher Secondary School Vs Rajasthan Non Government Educational Tribunal (Case of Agar Sigh Library Assistant) S.B. Civil Writ Petition No.1876/2000 01-11-2006

 

Employee of Non-Government Educational institution is entitled to get benefit of Selection Grade after completion of services of 9, 18 and 27 years as per the Circular of Government of Rajasthan dated 25-01-1992.
SJR 00027 The Managing Committee, Shri sanatan Dharam Balika Senior Secondary school Sri Ganganagar Vs Smt Tripat Malhotra S.B. Civil Writ Petition Nos. 2513/2005 and 4578/2006 23-01-2007 Employees of Non Government Educational institutions are entitled to receive Payment of Gratuity, Selection Grade, Leave Encashment and Arrears of Fifth Pay Scale. Management may make representations to the Government for Grant.
SJR 00028 Seth Sampat Ramji Duggar Senior Secondary School Vs Civi Judge (Junior Division) Sardarshahr (Churu) D.B. Civil Special Appeal (Writ) No. 999/2007

06-12-2007

Executing Court can't go beyond the Terms of Decree. HERE JUDGMENT AND ORDER OF RAJASTHAN NON GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL JAIPUR Circular dated 05-04-2007 for giving selection grade from 28-05-2002 has no effect.
SJR 00029

Mahila Manda Vs State of               Rajasthan, Shri Digambar Jain Vs State of Rajasthan,  Rajasthan Mahila Vidyalaya Vs State of Rajasthan

S.B. Civil Writ Petition Nos.2473/06, 2474/06, 2475/06 25-10-2007

Non Government Educational Institutions will have to knock the door of the HIGH COURT for seeking GRANT-IN-AID from the Government for paying fixation dues, Selection Grade Benefit Arrears since 25-01-1992 etc.

SJR 00030

Secretary Management Committee, Keshwanand College, Sangaria Vs. Sh. Rajendra Gupta & Ors.

 

S.B. Civil Writ Petition 348/2000 22-11-2007 GRATUITY - Teachers Serving in Non Government Educational Institutions are entitled to get the Payment after Retirement.
SJR00031 Managing Committee, Vidyapeeth Sangaria (Swami Keshwanand College, Sangaria) Vs Smt. Vimla Jangu D.B. APPEAL WRIT No. 130/2002 15-01-2008 Prior Wrtten Permission of Education Director is Mandatory for CLOSURE of Section, class, subject or an educational institution. TERMINATION OF TEACHER IS ILLEGAL.
SJR 00032 Shyam Prakash Shrivastava Vs State of Rajasthan ( Case of Gandhi Vidya Mandir, Sardarshahar (Churu) Deemed University S.B. Civil Writ Petition No. 5879/2007 24-01-2008 Services of a Teacher of a Deemed University Can't be TERMINATED without providing Reasonable/Adequate Opportunity of HEARING.
SJR 00033 Bhopalwala Arya Higher Secondary School Sri Ganganagar Vs Tribunal (Case of Late Smt. Pushpa Mathur) S.B. Civil Writ Petition No. 7659/2007 04-02-2008 Teachers retired in/after January 1993 are entitled to get payment of Gratuity with interest
SJR 00034 Seth Girdhari Lal Bihani Sr. Sec School Sri Ganganagar Vs Civil Judge (J.D.) Sri Ganganagar           ( Case of Selection Grade of Shri I.K.Goyal ) S.B. Civil Writ Petition No. 1430/2008 11-03-2008 High Court directed the managing Committee to make Payment of selection grade within 15 days of the Order dated (11-03-2008)
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