Advocates:
['RAKESH ARORA', '', 'NS KHILERI', 'MAHAVEER BISHNOI', 'RAJESH SHAH', '', 'MANOJ BHANDARI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2605/2010

1.

Vidhya Bhawan Society, Dr. Mohan Singh Mehta Marg,

Fatehpura, Udaipur

2.

The Managing Committee, Vidhya Bhawan Rural Institute,

Udaipur through its Secretary

----Petitioners

Versus

1.

K.S. Chahar S/o Shri Bharat Singh, aged 59 years, R/o A-2,

Staff Quarter, Vidhya Bhawan Rural Institute, Udaipur.

2.

The Commissioner, College Education, Government of

Rajasthan, Jaipur.

3.

The Rajasthan non-Government Educational institution

Tribunal Rajasthan, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Rakesh Arora

For Respondent(s)

:

Mr. Manoj Bhandari, Sr. Advocate

assisted by Mr. Govind lal

Mr. Himanshu Shrimali

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/09/2022

In the instant writ petition, a challenge has been laid to the

judgment dated 03.11.2009 passed by the Rajasthan Non

Government Educational Institutions Tribunal, Jaipur in application

No.243/2005.

Learned counsel for the parties jointly submitted that the

controversy involved in the instant writ petition stands covered by

the judgment of Division Bench of this Court in D.B. SAW

No.663/2015 (State of Rajasthan & Anr. Vs. The Management

(2 of 5)

[CW-2605/2010]

Committee Sh. Bhagwan Das Todi College). The relevant portion

of the judgment (supra) is reproduced below for ready reference:-

“Thus, the grant-in-aid can be sanctioned and

paid directly by the State Government to the employees

of the Aided Educational Institutions in the exigency, if

arises, as being postulated, by the Legislature in its

wisdom, u/Sec.31(2) of the Act, 1989 and in our

considered view the financial liability, which has been

created upon the State Government and settled by this

court, of which we have made reference supra receiving

grant-in-aid from the State Government against the

approved expenditures under the Act, 1989 and Rules,

1993 framed thereunder, at least for the period till the

employees are absorbed in the State Government

under the Rules, 2010, w.e.f. 01.07.2010 remained on

the sanctioned & aided posts in the Non-Government

Aided Institutions, cannot be abrogated or absolved by

creating a subordinate Legislation by virtue of Cl.(vii)

and u/C.(xi) of R.5 of the Rules, 2010.

At the same time, it may be noticed that such of

the employees who were in service of the Non-

Government Aided Institution and working against the

sanctioned & aided post when the Rules, 2010 came

into force either retired before screened and appointed

in the State Government or are not inclined to join

service under the Rules, 2010, R.5(vii) indisputably,

shall not come in their way and the State Government

is under legal obligation to sanction grant-in-aid and

has to part with its share against arrears of salary and

other approved expenditures provided u/R.14 of the

Rules, 1993 for such employees and two different

yardsticks/standards cannot be adopted for those who

joined service under the Rules, 2010 and others who

are not inclined to join, as observed and in our

considered view, sub-R.(vii) of R.5 of the Rules, 2010,

has no application and entitlement/right of the

Institution accrued cannot be divested or abrogated by

the State Government on creation of a subordinate

Legislation and that is not permissible by law.

The Single Bench of this Court has also examined

the same controversy in S.B.Civil Writ Petition

No.7134/20125 [Seth G.L.Bihani S.D.Sr.Secondary

School & 3 Ors. Vs. State of Rajasthan & Ors.] decided

on 17.05.2013 reported in 2013 (4) WLC (Raj.) 350 we

have been told that intra- court appeal has been

preferred by the State Government which is pending

before the main seat at Jodhpur. But after we have

gone through the judgment, we are in full conformity

with the view expressed by the ld.Single Judge

dt.17.05.2013. It is admitted before the court that

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