[2025:RJ-JP:9012] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4101/2000 Managing Committee,shree Mahesh Shiksha, Sadan Uccha Madhayamik Vidyalaya, Bhilwara through its Secretary. ----Petitioner Versus 1. Smt. Teku Bai wife of late Shri Badrilal Mali resident of Deoriya Balaji Road, Near Bheruji, Sanjay Colony, Bhilwara. 2. The Director of Primary and Secondary Education, Rajasthan, Bikaner. 3. The Rajasthan Non-government educational institutions Tribunal at Jaipur. 4. The state of Rajasthan through the Secretary to the Government Education Department, Government of Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. R. C. Joshi For Respondent(s) : Mr. D. P. Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/03/2025 Learned counsel for the petitioner has submitted that the petitioner is a non-government educational institution. Further, it is submitted that the respondent No. 1 had filed an appeal before the learned Tribunal, however, said appeal filed was not maintainable before learned Tribunal for the reason that respondent No. 1 was not an employee of the petitioner- Institution. Therefore, learned Tribunal had no jurisdiction to adjudicate the controversy raised by the applicant/respondent No. 1. Additionally, it is submitted that the provisions of Rajasthan Compassionate Appointment of Dependents of the Deceased Government Servant Rules, 1996, are ultravires to the provisions [2025:RJ-JP:9012] (2 of 2) [CW-4101/2000] enshrined under Articles 13, 14, 16 and 309 of the Constitution of India, therefore, same should be struck down. Considering the facts and circumstances of the case and prayer so made by the petitioner, this Court is of the opinion that as per the directions passed by Hon’ble the Chief Justice, the vires qua the Rules challenged herein are amenable to Division Bench. Accordingly, the instant matter is disposed of for statistical purposes. Howsoever, petitioner is at liberty to approach the appropriate Bench. Necessary requisites be carried out, in this regard. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /14