HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.7887/2018 Dr. Chandrawati W/o Dr. Pooran Singh Chaudhary, R/o 116, Nehru Nagar, Scheme No. 12, Kush Marg, Alwar at Present Retired as Principal in Govt. P.G. College, Bibirani, Alwar. ----Petitioner Versus 1. State of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. of Rajasthan, Secretariat, Jaipur. 2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.L.N. Marg, Jaipur. 3. Joint Director HRD, College Education, Dr. Radha Krishnan Shiksha Sankul, J.L.N. Marg, Jaipur. 4. The Principal, B.S.R. Govt. Arts College, Alwar. ----Respondents For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Aditya Singh, Dy. GC JUSTICE ANOOP KUMAR DHAND Order 11/02/2025 1. Aggrieved by the order dated 22.03.2018 passed by the Commissioner, College Education, the instant writ petition has been preferred. 2. By passing the order impugned, the respondents have taken a decision to recover a sum of Rs.1,65,000/- from the petitioner. 3. Learned counsel for the petitioner submits that as per the policy of the State, each and every student of a Government College was supposed to deposit a sum of Rs.40/- as a premium for Group Insurance. Learned counsel submits that one student, Rajeev Kumar of Third Year deposited the premium amount with (2 of 4) [CW-7887/2018] the College Administration on 20.07.2011 and the same was deposited by the College Administration with the Insurance Company on 12.09.2011, but prior to that the aforesaid student met with an accident and passed away on 24.08.2011. Learned counsel submits that a complaint under Section 12 of the Consumer Protection Act, 1986 was submitted by father of the said deceased before the District Consumer Redressal Forum, Alwar and the same was allowed vide order dated 08.12.2016 and the College Administration was directed to pay compensation of Rs.1 lakh along-with interest @ 9% p.a. to the complainant i.e. father of the deceased student. Learned counsel submits that a Committee was constituted by the authorities to determine the negligence in depositing the premium amount with the Insurance Company. Learned counsel submits that the said Committee submitted its report on 20.06.2017, which indicates that the petitioner was the Principal and one Vijay Singh, Cashier and another person Rajendra Kumar Gupta was the Accountant and all of them were jointly liable and responsible to deposit the premium amount with the Insurance Company. Learned counsel submits that if the negligence of all three persons were found, then there was no reason or occasion available with the respondents to fasten the entire liability, in the form of recover, upon the petitioner alone. Learned counsel also submits that the impugned order has been passed without issuing any notice to the petitioner and without affording any opportunity of hearing to him, which has resulted in violation of the principles of natural justice. Hence, under these circumstances, interference of this Court is warranted. (3 of 4) [CW-7887/2018] 4. Per contra, learned counsel for the respondent-State opposed the arguments raised by learned counsel for the petitioner and submitted that the petitioner being the Principal of the College was alone liable and responsible to deposit the received premium amount from the students and since the petitioner has failed to deposit the same well within time, thus, he is saddled with recovery. Learned counsel submits that even the liability of the petitioner has been found by the District Redressal Consumer Forum, while deciding the complaint, filed by father of the deceased student in its judgment dated 08.12.2016. Learned counsel submits that in pursuance of the aforesaid judgment passed by the District Redressal Consumer Forum, the impugned order has been passed, which requires no interference of this Court and the writ petition is liable to be rejected. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Perusal of the record indicates that as per the scheme prevailing in the Government College, the students studying in the College were supposed to deposit a premium amount of Rs.40/- with the College Administration towards Group Insurance. This fact is not in dispute that one student Rajeev Kumar of Third Year deposited the premium amount with the College Administration on 20.07.2011. This fact is also not in dispute that the above premium amount along with other premium amounts, received from other students was deposited by the College Administration with the Insurance Company on 12.09.2011. Unfortunately, prior to that the said student Rajeev Kumar met with an accident on 24.08.2011 and died. Certainly, there was negligence on the part (4 of 4) [CW-7887/2018] of the College Administration in depositing the premium amount with the Insurance Company and that is why, Committee was constituted by the State authorities consisting of four members, who have submitted the report which indicates that three persons, namely, the petitioner being Principal; one Vijay Singh, Cashier and one Rajendra Kumar Gupta, Accountant were liable and responsible to deposit the aforesaid premium amount with the Insurance Company. 7. When the respondents themselves are of the view after holding enquiry that all the three persons were liable and responsible, then there was no reason or occasion available with the State authorities for fastening the entire liability upon the petitioner alone that too without issuing any notice and without affording any opportunity of hearing to the petitioner, which has resulted in violation of principles of natural justice. 8. In view of the above, the writ petition stands allowed. The impugned order dated 27.03.2018 stands quashed and set aside. The matter is remitted to the State-authorities for passing appropriate orders against all the persons, who were negligent in not depositing the premium amount in time with the Insurance Company. 9. It goes without saying that before passing the appropriate orders, the principles of natural justice would be complied with by the authorities, by issuing directions to all the respective persons. (ANOOP KUMAR DHAND),J Karan/63