[2025:RJ-JP:29345] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17214/2024 Shivam Shikshan Sansthan, Tigharia Tehsil Todabheem, District Karauli, Rajasthan Through Its Secretary Sh. Akshay Singh Son Of Shri Devi Singh Aged About 48 Years, Resident Of Gram - Post Tigharia, Tehsil Hindauncity, District Karauli, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Higher Education, Secretariat, Jaipur, Rajasthan. 2. The Director, Secondary Education, Rajasthan, Bikaner, Rajasthan. 3. Sh. Mahendra Singh Son Of Shri Nagan Singh, Gram And Post Tigharia, Hindauncity, Karauli. 4. Sh. Rajendra Singh Tanwar S/o Mulluk Chand, Presently Working In Department Of Home, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Shantanu Sharma with Mr. Parth Vashishtha, Mr. Aditya Doda For Respondent(s) : Mr. Basant Singh Chhaba, AAG HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 01/08/2025 1. This petition is filed seeking quashing of order dated 15.08.2024 whereby penalty has been imposed upon the petitioner by Director, Secondary Education, Rajasthan. 2. One of the issues raised in the present petition is that there is no provision for levying of penalty. 3. Learned counsel for the petitioner relies upon order dated 11.03.2022 passed in SBCWP No.13200 of 2019 titled as Sita Devi [2025:RJ-JP:29345] (2 of 2) [CW-17214/2024] Educational Society & Ors. Vs. Shri Ji Samiti & Ors., to contend that as per the Rajasthan Non-Government Educational Institutions Act, 1989, there is no provision for levy of penalty. 3. Learned counsel for the respondents is not in a position to dispute the contention raised by learned counsel for the petitioner. 4. In absence of provision for imposition of penalty and the issue having been decided in Sita Devi (supra), the writ petition is allowed, the impugned order is quashed. The order dated 15.08.2024 is composite for levy of penalty and for recovery of amount, the penalty is held to be illegal but the respondent shall be at liberty to proceed in accordance with law for initiating proceeding for the other amount. (AVNEESH JHINGAN),J Chandan/7