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2025 DAILYLAW 45447 (RAJ)

CHANDRA PRAKASH SHARMA S/O SHRI ANAND BIHARI SHARMA v. MANAGING COMMITTEE

CW/11922/2023 · 2025-11-13

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11922/2023 Chandra Prakash Sharma S/o Shri Anand Bihari Sharma, Aged About 49 Years, Resident Of 30 Suraj Nagar East Civil Lines, Jaipur, Rajasthan ----Petitioner Versus 1. Managing Committee, Ryan International School V.t. Road, Mansarovar, Jaipur Through Its Secretary 2. Managing Committee, Gaya Institute Of Management, Ryan International School, V.t. Road, Mansarovar, Jaipur Through Its Secretary. 3. Central Board Of Secondary Education, Through Its Regional Officer, Todarmal Marg, Ajmer, Rajasthan 4. Director, Secondary Education, Rajasthan Bikaner 5. Managing Committee, Ryan International School Goverdhan Villas, Housing Board Colony Sector 14 Hiran Mangri Udaipur Through Its Secretary. ----Respondents For Petitioner : Mr. Arun Sharma with Ms. Simran JAin For Respondent(s) : Mr. A.K. Sharma, Senior Advocate with Mr. Madhav Dadhich Mr. Vishwas Saini for Mr. M.S. Raghav HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/11/2025 1. Instant writ petition is preferred with following prayer: “(a) by issue of an appropriate writ, order or direction in the nature thereof to quash and set- aside the and impugned interim dismissal order dated 28.06.2023 passed by learned Presiding [2025:RJ-JP:46044] (2 of 3) [CW-11922/2023] Officer of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur in Stay Application No.29/2023 as well as impugned transferred order dated 15.06.2023 and further direct the Respondents not to transfer the petitioner from one Educational Institution to another Educational Institution and he may be allowed to continue at the same place; (b) by issue of an appropriate writ, order or direction in the nature thereof to direct the respondents to provide to the petitioner the regular pay scale or all other service benefits as are paid or equivalent to the State or Central Government Employees.” 2. Learned counsel for petitioner submits that the petitioner has been transferred by order dated 15.06.2023 from Jaipur to Udaipur due to malafide reasons and same is challenged by filing an application No.81/2023 before the Rajasthan Non- Educational Institution Tribunal, Jaipur. He further submits that on 28.06.2023 the stay application preferred by petitioner was dismissed by the Tribunal and aggrieved petitioner has filed current writ petition. He further submits that currently main proceeding is pending for disposal at final stage. He further submits that petitioner is entitled for consideration of the grounds as raised by him in his application before the Tribunal. He also submitted that the Tribunal may be directed for early disposal of the application so that petitioner may get an early justice. [2025:RJ-JP:46044] (3 of 3) [CW-11922/2023] 3. The overall contentions of petitioner were opposed by learned Senior Advocate on behalf of respondent society and he submitted that he has no objection in case writ petition is disposed of with direction to the Tribunal for early consideration of application of petitioner. 4. Considered submissions of learned counsel for petitioner and learned Senior Advocate for respondents and considering their submissions, the writ petition is disposed of in following terms: (i) The order dated 28.06.2023 in stay application No.29/2023 is set aside and the Tribunal is directed to decide the main matter on merits without being influenced from interim order passed on 28.06.2023. (ii) The Tribunal is directed to prepone the date and decide the main application No.81/2023 filed by the petitioner before 31.12.2025. (iii) The parties are directed to appear before the Tribunal on 24.11.2025 and the Tribunal is directed to fix the matter as early as possible for final disposal and decide the matter after considering submissions of both the parties. 5. With aforesaid, instant writ petition along with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /278