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[2026:RJ-JD:14508]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 6341/2026

Managing Committee Shri Shyam Ucch Prathmik Pathshala, (Shyam Pathshala Samiti) Bhadra, Hanumangarh (Raj.) Through

Secretary, Vijay Shankar S/o Shiv Shankar Age 40 Years.

----Petitioner Versus

1. Ravi Shankar Sharma S/o Shri Dhanraj Sharma, R/o Shri Shyam Niwas, Bhadra, Ward No. 15, Tehsil Bhadra,

District Hanumangarh (Raj.)

2. The Director, Elementary Education, Bikaner (Raj.)

334001.

----Respondents

For Petitioner(s) : Mr. Himanshu Shrimali.

For Respondent(s) : Mr. Kamlesh Sharma for R.2.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/03/2026

1. The petitioner institution has filed the present writ petition challenging the order dated 24.11.2025 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur, in Application No. 43/2025 titled “Ravi Shankar Sharma vs. Managing Committee”, to the extent it directs the petitioner institution to comply with the order and make payment of outstanding dues of the employee (Respondent No.1) without

prior determination of the actual outstanding amount.

2. Learned counsel for the parties are ad idem that the controversy involved in the present case is no longer res integra and stands covered by the judgment of this Court in Marudhar Balika Vidhyapeeth Vidyawadi (Higher Secondary) vs. State

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[2026:RJ-JD:14508] (2 of 4) [CW-6341/2026] of Rajasthan & Ors. (S.B. Civil Writ Petition No. 6082/2020), decided along with a batch of connected matters on 26.04.2023, wherein the Coordinate Bench, relying upon the Division Bench judgment rendered in State of Rajasthan & Anr. vs. The Management Committee, Sh. Bhagwan Das Todi College (D.B. Special Appeal (Writ) No. 663/2015), decided

on 06.11.2015, disposed of the petitions with certain directions.

3. In view of the aforesaid consensus between learned counsel for the parties, the present petition is also disposed of with the

following directions:-

(i) The petitioner (Institution) shall send due drawn statements of the employee(s) to the competent authority of the State Government within a period of 15 days from today (if not already

sent).

(ii) If the due drawn statement of the employee has already been sent, the Institution shall forward a photocopy of the due drawn statement and order of the Tribunal to the concerned District Education Officer (D.E.O.) within a period of 15 days from today

along with a copy of the order instant.

(iii) The concerned District Education Officer/competent authority of the State Government shall examine and process the same and determine the amount payable to respondent No.1-employee

within a period of three months from today.

(iv) On determination/calculation of the amount aforesaid, the State Government/competent authority shall send a copy thereof to the Tribunal giving reference of the Case No. and date of decision etc. The State shall also forward a copy to the

Educational Institution, where the employee(s) had served.

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[2026:RJ-JD:14508] (3 of 4) [CW-6341/2026] (v) On receipt of the calculation made by the State Government, the petitioner – Institution will be required to deposit its share of the amount to the tune of 50% with the Tribunal within a period of one month from the date of receipt of the calculation sent by the State Government. It will be required of the Institution to inform the employee(s) about the amount being deposited and the

calculation of the amount made by the State.

(vi) On receipt of the information about payment being deposited by the Institution, the respondent No.1-employee will furnish the

details of his bank account before the Tribunal.

(vii) The State Government shall deposit its 50% share before the Tribunal within a period of six months of the amount having been

determined.

(viii) The amount deposited by th