[2025:RJ-JP:22549] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17160/2024 Rajesh Naruka S/o Shri Roop Singh Naruka, Aged About 56 Years, Resident Of 38-A, Mahesh Nagar, Jaipur (Raj.) ----Petitioner Versus 1. Managing Committee, Adarsh Vidya Mandir, Adarsh Nagar, Jaipur (Raj.) Through Its Secretary. 2. Principal, Senior Secondary School, Adarsh Vidya Mandir, Adarsh Nagar, Jaipur. 3. Director, Secondary Education, Bikaner (Raj.)- 334001. ----Respondents For Petitioner(s) : Mr. Anuroop Singhi Mr. Aditya Khandelwal For Respondent(s) : Ms. Namita Parihar, Dy.G.C. Mr. Bhupendra Pareek HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/05/2025 1. An application (2/2025) has been moved by and on behalf of Managing Committee, Adarsh Vidya Mandir, Adarsh Nagar, Jaipur to vacate the interim stay order dated 12.11.2024, however, since reply to the writ petition has also been filed, hence, with the consent of counsel for both parties and considering the issue involved in the instant writ petition in respect of dismissing the stay application by the Tribunal against the impugned order dated 07.10.2024, instant writ petition has been heard finally on merits. 2. The relevant facts in brief are that petitioner was appointed as Teacher (English) in the Adarsh Vidya Mandir Senior Secondary School, Adarsh Nagar, Jaipur and later on in the year 1998, petitioner was appointed as Senior Teacher (Teacher Grade II). [2025:RJ-JP:22549] (2 of 4) [CW-17160/2024] Since then, petitioner has been remained posted at Senior Secondary School, Adarsh Vidya Mandir, Jaipur to teach English subject. Vide impugned order dated 07.10.2024, the Managing Committee of Adarsh Vidya Mandir, Jaipur transferred the petitioner to Upper Primary School Adarsh Vidya Mandir, Adarsh Nagar, Jaipur. In this order, the designation of petitioner has been shown as Teacher instead of Senior Teacher. 3. The order dated 07.10.2024 has been challenged by the petitioner by way of filing Appeal No. 60/2024 before the Rajasthan Non-Governmental Educational Institutions Tribunal. During pendency of Appeal, the Tribunal has dismissed the stay application of petitioner for staying the operation of impugned order dated 07.10.2024 vide order dated 24.10.2024 whereagainst instant writ petition has been filed. During course of this writ petition, the Coordinate Bench of this Court vide interim order dated 12.11.2024 passed an interim order and petitioner was allowed to render his services at the place where he was posted prior to issuing the impugned order dated 07.10.2024. 4. It has transpired that during course of operation of interim stay order dated 12.11.2024, respondent Managing Committee sought to invoke the services of petitioner to teach English subject in the Primary Classes from 6th to 8th and order dated 06.12.2024 was issued in that respect. On this juncture, petitioner moved an application seeking clarification of the order, which has been disposed of by the Coordinate Bench vide order dated 05.02.2025 taking note of the fact that no further clarification in the interim order dated 12.11.2024 is regularised and same is very clear. [2025:RJ-JP:22549] (3 of 4) [CW-17160/2024] Thus, as a consequence, admittedly at present, petitioner is teaching as Senior Teacher, subject English, in Senior Secondary School Adarsh Vidya Mandir, Adarsh Nagar, Jaipur where he was posted prior to passing of the impugned order dated 07.10.2024 and not required to teach subject English at Upper Primary School, Adarsh Vidhya Mandir. 5. Since the scope of this writ petition is confined to consider the dismissal of stay application by the Tribunal and this Court vide order dated 12.11.2024 has virtually stayed the operation of a transfer order which is impleaded in the appeal, pending before the Tribunal and further the stay order has been affirmed vide order dated 05.02.2025 as well. It is note worthy that both the interim orders were passed after hearing counsel for both parties. 6. Thus, in such circumstances, in the interest of justice, this Court deems it just and proper to dispose of the writ petition with conformity to the stay order dated 12.11.2024 to remain operative, during course of hearing of the appeal pending before the Tribunal. 7. It is hereby directed that the Tribunal shall hear and consider the appeal on its own merits without being influenced by the stay order passed by this Court and shall make an endeavor to decide the appeal, preferably within a period of six months, if possible. 8. Respondents would be at liberty to take a plea before the Tribunal in the pending appeal, in terms of Circular dated 20.08.2016 that while posted as Senior Teacher in Senior Secondary School Adarsh Vidya Mandir, Adarsh Nagar, Jaipur, petitioner can also be asked by the Management Committee to [2025:RJ-JP:22549] (4 of 4) [CW-17160/2024] teach Upper Primary Classes, if the periods of teaching to the classes, in the Senior Secondary School, are not completed. If such plea is taken, it is expected that the Tribunal shall obviously consider the same on merits after extending opportunity to the petitioner, to defend such plea. 9. In view of above, the writ petition stands disposed of. 10. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /129