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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Kuldeep Mathur, JJ.
State Of Rajasthan, Through Director, Elementary Education, Education Directorate, Bikaner - Appellant
Vs.
Shree S.r. Shikshak Prashikshan Mahavidhalaya - Respondent
D.B. Spl. Appl. Writ No. 197, 181, 182, 203, 209, 240, 255, 261, 277, 279, 310, 314, 315, 316, 318, 323, 338, 340, 350, 369, 383, 385, 436, 438, 510, 528, 535, 600, 614, 617, 618, 637, 648, 666, 786, 788 of 2022
Decided On : 08-09-2022
Writ appeals - Controversy involved in instant bunch of intra-court writ appeals is no longer res integra and has been laid to rest by judgment – Held, Learned AAG representing the appellants stated that he is not in a position to dispute this submission of learned counsel representing respondents. Thus, without recording any separate reasons, all these intra-court - Writ appeals dismissed.
ORDER :
Learned counsel for the respondents submitted that the controversy involved in the instant bunch of intra-court writ appeals is no longer res integra and has been laid to rest by judgment dated 30.08.2022 passed by a Division Bench of this Court in a bunch of appeals led by D.B. Civil Special Appeal (Writ) No.244/2022 (State of Rajasthan vs Central Modern Teachers Training College & Anr.) whereby, all identical appeals preferred by the State of Rajasthan have been dismissed and the view taken by learned Single Bench in the case of Surender Kaur Memorial College of Higher Education Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2359/2021 and batch of writ petitions decided on 23.10.2021) has been affirmed.
2. Learned AAG Shri Pankaj Sharma representing the appellants stated that he is not in a position to dispute this submission of learned counsel representing the respondents. Thus, without recording any separate reasons, all these intra-court writ appeals are dismissed in light of the above order.
The court affirmed that similar legal issues have been resolved by prior judgments, ensuring consistency in judicial decisions.
The principle of res integra applies when an issue has been conclusively resolved by a higher court, obligating lower courts to follow that precedent.
An intra-court appeal is not maintainable against orders of a learned Single Judge under Section 24-C of the Orissa Education Act, 1969, as per the Full Bench ruling prohibiting such appeals post-ame....
The principle of stare decisis mandates that courts follow established precedents in resolving similar legal issues.
The main legal point established in the judgment is the correct application of legal principles by the writ court in dismissing the Writ Petition.
Recorded statements of counsel in a judgment are conclusive and binding on parties; cannot be contradicted or reopened in appellate proceedings due to public policy and judicial decorum.
Interim orders can direct provisional actions while allowing for further legal contestation, and courts should prioritize timely resolutions in cases affecting multiple parties.
Appellants urged that Section 100A of Civil Procedure Code does not use expression 'award' and only restriction to further appeal is from Judgment, decree or order in an appeal from appellate or orig....
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