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2026 DAILYLAW 18835 (RAJ)

MADAN SINGH SON OF SHRI SHANKAR DAN v. SECRETARY / DIRECTOR, SETH MOTILAL (P.G.) COLLEGE

WMAP/278/2024 · 2026-01-21

Sudesh Bansal

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:2734] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 278/2024 in S.B. Civil Writ Petition No.13310/2023 Madan Singh Son Of Shri Shankar Dan, Aged About 47 Years, Resident Of Jawanipura, Charna Ki Dhani, Bajala, District Jhunjhunu, Rajasthan. ----Petitioner/Non-applicant Versus 1. Secretary /Director, Seth Motilal (P.G.) College, Jhunjhunu (Rajasthan). 2. Managing Committee, Seth Motilal (P.G.) College, Jhunjhunu (Rajasthan) Through Its Secretary. ----Respondents/Applicants 3. Principal, Seth Motilal (P.G.) College, Jhunjhunu. 4. Commissioner, College Education, Commissionerate, Shiksha Sankul, Jln Marg, Jaipur. 5. Registrar, Pandit Deendayal Upadhyaya Shekhawati University, Sikar Kartrathal Jhunjhunu Road, Sikar, (Rajasthan). ----Respondents/Performa respondents For Petitioner(s) : Mr. Kapil Bardhar For Respondent(s) : Mr. Mahendra Kumar Joshi Mr. Dilip Singh Kurka HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/01/2026 1. Heard counsel for both the parties on the Miscellaneous Application, filed on behalf of respondent-Managing Committee, Seth Motilal, PG College, Jhunjhunu, seeking to modify the order dated 11.09.2023 passed in S.B. Civil Writ Petition No.13310/2023, to the extent of extending the period of six weeks [2026:RJ-JP:2734] (2 of 4) [WMAP-278/2024] to file reply of appeal before the Rajasthan Non-Government Educational Institution Tribunal, Jaipur (for short, "the Tribunal"). 2. It appears that one appeal No.12/2023 titled 'Madan Singh Vs. Managing Committee, Seth Motilal, PG College, Jhunjhunu', is pending before the Tribunal. In this appeal, reply by the Managing Committee has not been filed. Vide order dated 11.09.2023, passed in S.B. Civil Writ Petition No.13310/2023, six weeks' time was granted to the Managing Committee for filing the reply, but Managing Committee could not file reply, hence, Tribunal has closed its reply vide order dated 07.12.2023. 3. It appears from the record that after 11.09.2023, premise of Seth Motilal, PG College, Jhunjhunu was taken over by the District Collector from 16.10.2023 to 05.12.2023, to conduct the State Assembly Election, hence, during such period, the Managing Committee was not able to hold their office and could not prepare reply to the appeal. Managing Committee submitted application before the Tribunal along with letter of District Collector dated 15.10.2023, to extend the time for filing reply, but in view of fixing a period of six weeks by this Court vide order dated 11.09.2023, Tribunal did not extend the period and closed the reply of Managing Committee vide order dated 07.12.2023. 4. In such circumstances, Managing Committee has filed this application for extension of time to file its reply and to modify the order dated 11.09.2023 to this extent. 5. This Court, vide order dated 13.11.2025 issued notices to the appellant on this application and asked Managing Committee to deposit cost of Rs.20,000/- by way of Demand Draft/Banker's Cheque for seeking extension of time to file reply. [2026:RJ-JP:2734] (3 of 4) [WMAP-278/2024] 6. In furtherance to the order dated 13.11.2025, counsel on behalf of petitioner-Madan Singh (appellant before Tribunal) has put in appearance and states that the cost of Rs.20,000/- has not been paid. 7. Learned counsel admits that appeal filed by Madan Singh is pending at the stage of hearing before the Tribunal. 8. Learned counsel appearing on behalf of Managing Committee undertakes to pay the cost of Rs.20,000/- to the counsel appearing for petitioner-Madan Singh and to submit reply to the appeal before the Tribunal within a period of 30 days from today or on the next date fixed before the Tribunal, whichever is earlier. 9. In view of above, this Court deems it just and proper to extend the period of six weeks to file reply of the appeal, by the Managing Committee up to period of 30 days from today or on the next date fixed before the Tribunal, subject to payment of cost of Rs.20,000/- to the appellant/counsel for appellant. 10. It is noteworthy that counsel for Managing Committee has paid the cost of Rs.20,000/- cash to the counsel for petitioner- Madan Singh today itself and receipt of same has been given in order sheet by the counsel for Madan Singh. Hence in that view, the original Demand Draft of Rs.20,000/- submitted by the Managing Committee, in furtherance to the order dated 13.11.2025, be returned by the Office to the counsel for Managing Committee forthwith. 11. This Court hereby directs that Tribunal may take the reply of Managing Committee on record in the pending appeal and the order dated 07.12.2023, closing the reply of Managing Committee shall not come in way. It is hereby observed that after filing of [2026:RJ-JP:2734] (4 of 4) [WMAP-278/2024] reply by the Managing Committee, petitioner-Madan Singh would be at liberty to submit rejoinder, if so desire. 12. At this juncture, counsel appearing for petitioner-Madan Singh states that petitioner has assailed his termination order dated 26.09.2023 from service in the appeal and appeal is pending since 2023, hence, Tribunal be directed to expedite the hearing of appeal. Managing Committee does not object for hearing of appeal by Tribunal expeditiously and undertakes to extend its full cooperation for the same before the Tribunal. 13. In view of above, Tribunal is expected to proceed for hearing of appeal as early as possible. 14. Accordingly, the present Miscellaneous Application stands disposed of. (SUDESH BANSAL),J RONAK KUMAR JAIMAN/2-S