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2025 DAILYLAW 14650 (RAJ)

SAINT CONARD SHIKSHA SAMITI v. STATE OF RAJASTHAN

CW/5377/2025 · 2025-04-25

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:17693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5377/2025 Saint Conard Shiksha Samiti, Dholpur, Jagdish Talkies Tiraha, Dholpur-328001 (Rajasthan) Through Secretary Naveen Tiwari S/o Sh. Neeraj Tiwari, Aged 32 Years, Resident Of Plot No. Ip-1- Riico Grouth Centre, Ondela Road, Dholpur (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Skills, Employment And Entrepreneurship, Secretariat, Jaipur-302005 (Rajasthan) 2. The Chairman And Managing Director, Rajasthan Skill And Livelihoods Development Corporation, Emi Campus, J-8- A, Jhalana Institutional Area, Jaipur 302004 ----Respondents For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 25/04/2025 1. Counsel for the petitioner submits that against the closure order dated 27.03.2024, an appeal was preferred by the petitioner before the Managing Director, Rajasthan Skill and Livelihoods Development Corporation. Counsel for the petitioner further submits that a mail was sent to the petitioner by the Appellate Authority for his appearance for hearing on 16.04.2024 and in pursuance of the aforesaid communication, the petitioner appeared before the Appellate Authority but the Presiding Officer was busy in other affairs of the Office and the matter was not heard. Counsel for the petitioner submits that the appeal preferred [2025:RJ-JP:17693] (2 of 2) [CW-5377/2025] by the petitioner has been decided ex parte on a subsequent date i.e. on 07.06.2024 and the request of the petitioner for pending payment has been refused. Counsel submits that the aforesaid order has been passed ex parte without availing the opportunity of hearing, which has resulted in violation of the principles of natural justice. 2. Considering the arguments raised by counsel for the petitioner and looking to the fact that before passing the order impugned i.e. 07.06.2024, the petitioner was not given any opportunity of hearing and straightway the order has been passed, which has resulted in violation of the principles of natural justice, thus, on this count alone, the aforesaid order is quashed and set aside and in the interest of the parties, the matter is remitted to the Appellate Authority for deciding the appeal afresh on its merits after providing the due opportunity of hearing to the petitioner and decide the matter, ignoring the period of delay. 3. With the aforesaid observations, the present writ petition stands disposed of. 4. Stay application and all pending application(s), if any, also stand disposed of. 5. In case, the respondents feel aggrieved by this order, they would be at liberty to move an application for recalling of this order. (ANOOP KUMAR DHAND),J Ashu/34