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2025 DAILYLAW 39991 (RAJ)

DAV COLLAGE MANAGING COMMITTEE v. SMT. INDRA SHARMA W/O LATE SHRI G.R. SHARMA

CW/11464/2025 · 2025-10-03

Ravi Chirania

body2025

Judgment text

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[2025:RJ-JP:40179] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11464/2025 Dav Collage Managing Committee, Through Its Secretary, Chitragupta Marg, New Delhi Presently Through Teacher Incharge. ----Petitioner Versus 1. Smt. Indra Sharma W/o Late Shri G.r. Sharma, Aged About 64 Years, R/o H.no. 15, Chandra Nagar, Bewar Road, Ajmer. 2. Ahrana Vitran Adhikari, Dav Prathmik Vidhyalaya Ajmer And Jila Shikha Adhikari, Primary Shiksha, Ajmer. 3. Nideshak, Prarambhik Shiksha, Raj. Bikaner. 4. Commissioner Khetriya Bhavishya Nidhi, Nidhi Bhawan, Vidhyut Marg, Jyoti Nagar, Jaipur. ----Respondents For Petitioner(s) : Ms. Naina Saraf For Respondent(s) : ---- HON'BLE MR. JUSTICE RAVI CHIRANIA Order 03/10/2025 1. The petitioner- DAV College Managing Committee, New Delhi has filed the present petition challenging the impugned order dated 31.07.2023 on the ground that respondent No.1- Smt Indra Sharma was working in the school, which was not handed over to the DAV College Managing Committee, New Delhi and therefore, they were not responsible in any manner for the payment of any benefits. The counsel further submits that they were not properly served and by way of ex-parte proceedings the impugned order dated 31.07.2023 was passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur. The counsel submits that in respect of a similar order, they filed writ petitions bearing Nos. 11496/2025, 13207/2025, 11507/2025, 11471/2025 and 11730/2025 concerning different person who were also working in the schools not owned by petitioner-institution. In all these [2025:RJ-JP:40179] (2 of 2) [CW-11464/2025] cases, the issue involved is exactly the same as in the present case. The Coordinate Bench of this Court, noticing the similarity of the facts in the cases, stayed the execution proceedings initiated against the Educational Institution. 2. The counsel for the petitioner made a request that the execution proceedings in the present case may also be stayed considering the orders passed by the Coordinate Bench. The execution proceedings as initiated by Civil Suit No. 14/2025 (CIS 14/25) be stayed during the pendency of the writ petition. Further, in the identical cases the petitioner has been directed to file an application for setting aside the ex-parte order under Order 9 Rule 13 CPC before the Tribunal. Counsel for the petitioner submitted that they are ready to file the application as directed by the Court in term of the orders as passed in the connected petitions by 31.10.2025. 3. The directions as passed by the co-ordinate Bench of this Court, as mentioned in above in para 1, in the connected matter shall apply to the present case as well the execution proceeding shall remain stayed till disposal of the application under order 9 Rule 13 CPC for setting aside application is decided by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur. 4. In the light of the above orders, the present petition is also disposed of. (RAVI CHIRANIA),J Neha/Jatin-23