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2026 DAILYLAW 20303 (RAJ)

PARAS KUMAR GUPTA S/O. SHRI MOHAN LAL JI GUPTA v. STATE OF RAJASTHAN

CW/19306/2025 · 2026-01-28

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:3937] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19306/2025 Paras Kumar Gupta S/o. Shri Mohan Lal Ji Gupta, Aged About 51 Years, R/o. Near Gayatri Mandir Jhalawar (Raj.) 326001. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary To Education Department (Elementary Education) Govt. Secretariat Jaipur (Raj.) 2. State Project Director Samagra Shiksha Abhiyan And Commissioner, School Education Council (Rajasthan School Shiksha Parishad) Groud Floor, Block-6, Dr. S. Radha Krishnan Shiksha Sankool, Jawharlal Nehru Marg, Jaipur, Raj. 3. District Education Officer (Elementary/primary Education), Cum District Project Coordinator, Samagra Shiksha Abhiyan Jhalawar (Raj.) 4. Chief Block Education Officer Samagra Shiksha Abhiyan, Block Manohar Thana Village Manohar Thana District Jhalawar (Raj.) ----Respondents For Petitioner(s) : Mr. Rajesh Kumar Mutha For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 28/01/2026 1. The present petition has been filed against the termination order dated 27.07.2025 (Annexure-18). Learned counsel for the petitioner has relied upon the contract agreement dated 31.01.2025 (Annexure-10) and has submitted that the appointment of the petitioner has been made for the period of 01.02.2025 to 31.01.2026. It is submitted that without conducting [2026:RJ-JP:3937] (2 of 2) [CW-19306/2025] the appropriate enquiry and providing show cause notice, the petitioner has been terminated ex-parte. 2. On perusal of the records, it transpires that the instant lis arises out of a contractual dispute. By way of the order dated 27.07.2025, the services of the petitioner, who was engaged as a consultant qua the civil works, has been terminated on account of the tragic incident of a school building collapse, which resulted in unfortunate demise of seven children. 3. At the outset, without commenting upon the merits/demerits of the case, this Court deems it appropriate to dismiss the present petition in view of availability of an efficacious alternative remedy before the appropriate forum as the present matter is arising out of a contractual dispute interse the parties and involves disputed questions of facts. 4. Learned counsel for the petitioner has relied upon the dictum passed by the Hon’ble Supreme Court in M/s. Gas Authority of India Ltd. Vs M/s. Indian Petrochemicals Corp. Ltd. & Ors.: Civil Appeal Nos.3504-3505 of 2010. However, the said dictum is distinguishable on facts as certain statutory conditions were put to challenge therein by invoking the writ jurisdiction, which is not the subject-matter of the present case. 5. In light of the above, the present writ petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/s-160