[2025:RJ-JP:50307]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12408/2025 Managing Committee, Geeta Bajaj Bal Mandir Senior Secondary School, Moti Dungari Road, Jaipur (Raj) Through Secretary ----Petitioner Versus

1. Laxman Lal Saini S/o. Chhajuram Saini, Aged About 68 Years, R/o. Plot No. D-14, Rajeev Gandhi Nagar, Kalyanpuri, Khatipura, Jagatpura, Post Dantli District Jaipur (Raj.)

2. Commissioner, Secondary Education Rajasthan, Bikaner (Rajasthan).

----Respondents Connected With S.B. Civil Writ Petition No. 12937/2025 Managing Committee, Geeta Bajaj Bal Mandir Senior Secondary School, Moti Dungari Road, Jaipur (Raj.) Through Secretary.

----Petitioner Versus

1. Ramswaroop Sharma (Deceased), Through Legal Heirs

1/1. Smt. Manbhar Devi W/o Late Ramswaroop Sharma, Resident Of - Ll-233, Kailashpuri, Behind Golimar Garden, Amer Road, Jaipur (Raj.)

1/2. Tarun Sharma S/o Late Shri Ramswaroop Sharma, Resident Of - Ll-233, Kailashpuri, Behind Golimar Garden, Amer Road, Jaipur (Raj.)

1/3. Kushal Sharma S/o Late Shri Ramswaroop Sharma, Resident Of - Ll-233, Kailashpuri, Behind Golimar Garden, Amer Road, Jaipur (Raj.)

1/4. Smt. Rekha Sharma D/o Late Ramswaroop Sharma, Resident Of - Jamdoli, Agra Road, Jaipur.

2. Commissioner, Secondary Education, Rajasthan, Bikaner (Raj.)

----Respondents For Petitioner(s) : Mr. Rupin Kala For Respondent(s) : Mr. Devansh Sharma, DGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/12/2025

1. These writ petitions are preferred by petitioner with following prayer:

“(i) By issuance of an appropriate writ, order or direction, quash and set aside the impugned order dated 29.04.2025 passed by Civil Judge and Judicial Magistrate (South), Jaipur Mahanagar- First, Jaipur, to the extent of issuance of warrant of attachment against the petitioner School/Sansthan.

(ii). By issuance of an appropriate writ, order or direction, quash and set aside the impugned order dated 29.04.2025 passed by Civil Judge and Judicial Magistrate (South), Jaipur Mahanagar-

First, Jaipur.”

2. Learned counsel for petitioner while referring and relying upon judgement dated 06.11.2015 in D.B. Special Appeal Writ No.663/2015 titled as State of Rajasthan and Anr. Vs. The Management Committee Sh. Bhagwan Dasi Todi College [2016(2)WLC(Raj.)1] submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that these writ petitions be disposed of in accordance with aforesaid ratio, which was further relied by a Coordinate Bench in S.B. CWP No.10864/2014 titled as Managing Committee, K.D. Jain Shikshan Parishad & Another Vs. Smt. Santosh Pareek & Anr. He also referred order dated 03.07.2025 in D.B. Civil Contempt Petition No.1191/2024 Harivansh Kishore Dwivedi & Ors. Vs. Shri Krishana Kunal & Ors., passed by the Division Bench of this Court.

3. Having considered the submissions of learned counsel for the parties and also material placed on record, the writ petitions are liable for disposal in light of ratio laid down in case of State of Rajasthan and Anr. Vs. The Management Committee Sh. Bhagwan Dasi Todi College (supra) and further followed in case of Managing Committee, K.D. Jain Shikshan Parishad Vs. Santosh Pareek (supra) passed by this Court.

4. In case of Managing Committee, K.D. Jain Shikshan Parishad Vs. Santosh Pareek (supra), while deciding 4 writ petitions arising from order of executing Court (Civil Court), filed to execute order of Non-Government Educational Institutions Tribunal, a Coordinate Bench has observed as under:-

14. It appears that respondent-Employee(s) have initiated execution of the impugned judgment(s) before the Civil Court and in the execution proceedings, application filed by and on behalf of petitioner-Management Committee under Section 151 CPC, seeking to absolve the petitioner- Institution from the liability to pay dues beyond 20% as claimed by the respondent-Employee(s) in the execution, has been rejected. Hence, in such e