[2026:RJ-JD:2413]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1662/2024 Sangeet Kala Kendra, Through Its Secretary - Mahesh Narayan Joshi S/o Jayshankar Joshi Aged About 63, Having Its Registered Address At Nehru Road, Bhilwara - 311001 (Rajasthan).

----Petitioner Versus

1. Narayan Das Vaishnav S/o Girdhari Das Vaishnav, Aged About 69 Years, Bagta Baba Road, Hari Seva Medical Store Ke Saamne Wali Gali, Narbada Kiraana Store Ke Pass, Aadarsh Nagar, Bhilwara - 311001 Rajasthan.

2. Director, Elementary Education, Bikaner, Rajasthan.

----Respondents For Petitioner(s) : Mr. Viswas Khatri For Respondent(s) : Mr. Praveen Vyas Ms. Meenal Singhvi for Mr. Rajesh Panwar AAG HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

15/01/2026

1. The present writ petition is preferred challenging the attachment warrant issued by the Executing Court against the petitioner society for execution of the order dated 21.11.19 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur.

2. Counsel for the petitioner stated that the challenge to the said attachment warrant has been given to the extent of requiring the petitioner institute to make payment of entire due amount of the employees without shifting the liability upon the State to pay its share of the liability.

3. Learned counsel for the petitioner society argued that in view of the judgment passed by Hon’ble the Division Bench of this Court in the case of State of Rajasthan & Anr. Vs. The Management Committee Sh. Bhagwan Das Todi College (D.B. Special Appeal (writ) No.663/2015 wherein the mode of payment was fixed by the Division Bench while directing the employees as well as the institute to submit their account statement to the State Government and further directions have been given to the State Government to verify the said statements and after quantifying the amount, respective share has to be paid by the State Government as well as the educational institutions to the employee directly to his/her bank account.

4. Counsel for the petitioner further submits that this Court in Sangeet Kala Kendra Vs. Narayan Das Vaishnav & Anr. S.B. Civil Writ Petition No. 18042/2023 has disposed of the writ petition filed by the petitioner institute and directed the competent authority of the State to carry out the due verification qua the calculations to be made in proportion to the liability as per the grant in aid being given to the educational institutions by the State and for the balance, the petitioner-institution shall be responsible for making the proportionate contribution.

5. It is stated that in spite of the directions given by this Court in his judgment dated 22.02.2024, the final quantification has not been made by the State till now.

6. Counsel for Respondent No. 1 stated that as a matter of fact, no amount has been paid to the petitioner till now and even the execution proceedings have been stayed by this Court vide order dated 26.02.2024. Ms. Meenal Singhvi, learned counsel appearing for Mr. Rajesh Panwar, learned AAG stated that the State Government has already prepared the duly drawn statements determining the due amount to be paid by the State Government as well as the institute respectively. However, the said account statement has been objected by the respondent No. 1 as well as the petitioner.

7. Heard learned counsel for the parties and perused the material available on record.

8. In view of the aforesaid factual scenario, this Court deems it appropriate to direct the parties to appear before the Executing Court on the next date and to submit their duly drawn statements, as well as objections, if any, to the statements prepared by the State Government. The Executing Court is directed to decide the said objections and conclusively determine the exact amount due to be paid, along with the respective proportions thereof to be borne by the State Government and the petitioner-institute, respectively. The entire exercise shall be completed by the learned Exec