Sunil Samdaria vs State Government of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Raj) 646

I.MAHANTY, SATISH KUMAR SHARMA
Sunil Samdaria – Appellant
Versus
State Government of Rajasthan – Respondent

Advocates Appeared:
For the Appellant Party-in-Person, Kamlakar Sharma, Sr. Adv., Alankrita Sharma, Rishabh Khandelwal, Rishikesh Maharshi, Ravi Sharma, Mahesh Kumar Sharma, Rajesh Maharshi, AAG, Apoorv Gupta, Mahendra Shandilya, Kapil Sharma, Jitendra Mishra, Sameer Sharma, Vinod Kumar Singhal, Peush Nag, R.D.S.S. Kharlia, Abhishar Bhanu, Dinesh Yadav, Shailesh Prakash Sharma, Aniroodh Mathur, Krishanveer Singh, Mahendra Shah and Nitin Jain
For the Respondents: Kamlakar Sharma, Sr. Adv., Alankrita Sharma, Rishabh Khandelwal, Poonam Chand Bhandari, Shailesh Prakash Sharma, Rajesh Maharshi, AAG, Dinesh Yadav, Kapil Sharma, Amit Chhangani, Anuroop Singhi, R.D.S.S. Kharlia, Prateek Kasliwal, Shivanshu Naval, Raunak Bapna, Sumitra Choudhary, D.S. Dhariwal, Hukum Chand Sharma, Munesh Bhardwaj, C.S. Sinha, R.D. Rastogi, ASG, A.K. Sharma, Sr. Adv., V.K. Sharma and Sangeeta Kumari Sharma

JUDGMENT :

Satish Kumar Sharma, J.

1. The brief facts given rise to these matters are that the State Government of Rajasthan in the wake of COVID-19 pandemic, vide its order dated 09.04.2020, deferred the collection of school fees for 3 months by the private schools recognized by Primary and Secondary Education Departments.

2. Subsequently, vide order dated 07.07.2020, the above deferment of collection of fees was extended till the opening of the schools with the stipulation that the name of any student shall not be struck off for non-payment of school fees.

3. Above orders of the State Government were challenged by way of S.B. Civil Writ Petition No. 7564/2020; Society of Catholic Education Rajasthan Vs. State Government of Rajasthan And Anr. SBCWP No. 8835/2020; NISA Education And Anr. Vs. State of Rajasthan And Anr. SBCWP No. 8826/2020; School Shiksha Pariwar Sanstha and Anr. Vs. The State Government of Rajasthan and Anr. SBCWP No. 7609/2020; Progressive Schools Association vs. State of Rajasthan And Anr.

4. S.B. Civil Misc. Stay applications filed in the above SB Civil Writ Petitions were disposed of vide order dated 07.09.2020 with the directions to the schools' management to allow

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2020 Supreme(Raj) 646

I.MAHANTY, SATISH KUMAR SHARMASunil Samdaria – AppellantVersusState Government of Rajasthan – Respondent

Cases Referred (18)

I.MAHANTY, SATISH KUMAR SHARMA
Sunil Samdaria – Appellant
Versus
State Government of Rajasthan – Respondent