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2025 DAILYLAW 19586 (RAJ)

MANAGING COMMITTEE, ADARSH VIDHYA MANDIR v. SHRI SUDHANSH PANTH

CCP/608/2020 · 2025-08-25

Avneesh Jhingan, Baljinder Singh Sandhu

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:33453-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 608/2020 IN D.B. Civil Writ Petition No. 1811/2012 Managing Committee, Adarsh Vidya Mandir, Adarsh Nagar, Jaipur - 302004 through its Additional Secretary Ramanand Choudhary S/o Amilal Choudhary ----Petitioner Versus 1. Shri Sudhansh Panth, Chief Secretary To The Government Of Rajasthan, Secretariat, Jaipur, Rajasthan 2. Shri Krishna Kunal, Secretary, Elementary And Secondary Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan. 3. Shri Sitaram Jat, Director, Elementary Education, Bikaner, Rajasthan. 4. Shri Ratan Singh Yadav, Joint Director, School Education, Jaipur Range, Jaipur. 5. State Of Rajasthan Through Chief Secretary, Government Of Rajasthan, State Secretariat Jaipur. ----Respondents For Petitioner(s) : Mr. Prahlad Singh For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Rohan Gupta & Ms. Pooja Sharma Mr. S.S. Naruka, AAG with Mr. Sachin Singh Rathore HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 25/08/2025 1. This contempt petition is filed seeking non-compliance of order dated 16.04.2013 passed in D.B. CWP No.829/2012 and connected matters. The operational part of the order is reproduced below:- “However, the action of the Government in withdrawing the grant, so far as it relates to the posts in which the teaching and non-teaching [2025:RJ-JP:33453-DB] (2 of 3) [CCP-608/2020] staff of the Non-Government aided educational institutions are still continuing, is adjudged to be illegal and ultravires of the Act, 1989. The impugned communications dt.13.12.2011, 27.12.2011, 28.12.2011, 29.12.2011 and those of the institutions dt.3.1.2012 and 4.1.2012, stand interfered with to this extent. The State respondents are hereby directed to undertake an exercise in association with the management of the concerned non-Government Educational Institutions hitherto receiving the grant under the Act, 1989 to work out the category and extent of grant in aid, as would be essential to secure the service conditions of such existing teaching and non-teaching staff as contemplated by the enactment and release the same. It is made clear that this direction would be strictly confined to the existing teaching and non- teaching staff of such institutions as on date and the benefit thereof would not be extended to those, who have meanwhile opted for the Government service under the Rules, 2010 and also to the posts so abandoned, and to which, if in the meantime, any induction has been made on the terms and conditions ascribed by the management of the concerned institutions. The petitions are allowed only to the extent indicated hereinabove. All other pleas are answered accordingly.” 2. Learned counsel for the respondents submits that the exercise in pursuance to the directions of the Court was undertaken to workout the categories and extents of grant-in-aid essential to secure service condition of existing teaching staff and non-teaching staff at the relevant time. Further reliance is placed [2025:RJ-JP:33453-DB] (3 of 3) [CCP-608/2020] upon Annexures R-1 and R-2 attached with the reply dated 08.01.2025 stating that payment of Rs.1,79,43,085/- has already been made. 3. Learned counsel for the petitioner submits that the aid becomes due annually and is not being regularly paid by the respondents. It is further contended that amount of Rs.1,79,43,085/- has been wrongly calculated. 4. There is substantial compliance of the directions in order dated 16.04.2013 of this Court. No case is made out for initiating contempt proceedings against the respondents-contemnors. The contempt petition is dismissed. Notices are discharged. 5. The petitioner shall be at liberty to pursue remedies for redressal of the grievance challenging the calculation of the amount paid and subsequent cause of action arising due to non- payment of grant-of-aid for subsequent periods. (BALJINDER SINGH SANDHU),J (AVNEESH JHINGAN),J DANISH USMANI /01