Rajasthan High Court Weekly Roundup: March 14 To March 20, 2022

Nominal Index Anju Boyal v. Ravindra Kumar 2022 LiveLaw (Raj) 98Mahesh Swami v. State of Rajasthan 2022 LiveLaw (Raj) 99 Sita Devi Educational Society, Bhilwara & Anr. v. State of Rajasthan 2022 LiveLaw (Raj) 100 Prem v. Amar Jeet Singh 2022 LiveLaw (Raj) 101 Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer v. Legal Representatives of deceased plaintiff Mani Ram 2022 LiveLaw (Raj) 101 Jaipur Texweaving Park Ltd. v. Union of India 2022 LiveLaw (Raj) 102 Judgments/ Orders of the Week 1. 'Petitioner Being Working Woman Has Multiple Duties To Perform & Will Face Difficulties To Travel Long Distance With Minor Children', Rajasthan HC Allows Transfer PleaCase Title: Anju Boyal v. Ravindra KumaCitation: 2022 LiveLaw (Raj) 98The Rajasthan High Court, while allowing a transfer petition, observed that petitioner being a working woman has multiple duties to perform and will face difficulties to travel a long distance with her minor children. The court ordered that the Civil Original Case No. 73/2020 pending before Additional District Judge – Family Court, Chirawa, Jhunjhunu be transferred to the Family Court, Bhilwara.2. 'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO Case Title: Mahesh Swami v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 99 The Rajasthan High Court dismissed writ petitions seeking directions to the respondents-state to not deploy teachers as Booth Level Officer ('BLO') in view of the provisions of the Right of Children to Free & Compulsory Education Act, 2009. The court observed that it is always open for teachers to approach the concerned authority in any given case of personal difficulties. The court opined that it is expected of the concerned authority to look into the grievance raised and in case, found justified to redress the same appropriately. Justice Arun Bhansali, while observing that the plea raised in the petitions has no substance, ruled, "However, insofar as, the personal difficulties to a teacher in a given case are concerned, it is always open for them to approach the concerned authority in this regard and it is expected of the concerned authority to look into the grievance raised and in case, found justified to redress the same appropriately. With the above observations, no case for interference is made out in the present writ petitions. The writ petitions are, therefore, dismissed." 3. Penalty Clause In Policy For Private Colleges Issued By Commissioner, College Education Is Illegal & Beyond His Power, Rajasthan High Court Case Title: Sita Devi Educational Society, Bhilwara & Anr. v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 100 The Rajasthan High Court has observed that the penalty clause in the Private Colleges Policy issued by the Commissioner, College Education, for different years in question, is beyond his power and illegal. The court considered these matters on the point of competence of the Commissioner, College Education for issuance of policy and more particularly qua the powers of imposing penalty under the same and whether the same is legal, jurisdictionally valid and permissible under the Rajasthan Non-Government Educational Institutions Act, 1989 or not. Justice Sameer Jain, disposed of the writ petitioners in terms of the following directions and observations: (1) The penalty clause in the policy/instructions for Private Colleges issued by the Commissioner, College Education, for different years in question, is held to be beyond his power and is declared illegal. (2) The penalty deposited by the respective petitioner/college under the orders of the Court or in the light of the provisions of the Private Colleges Policy be refunded to the petitioners/colleges within a period of sixty days failing which interest @ 6% will accrue on the same after lapse of 60 days." (3) Amount refunded by the respondents shall be deposited by the respective petitioners/colleges in the "Student Welfare Fund", and be used for the welfare and betterment of students in activities like clearing dues of students who are unable to deposit fee, medical care, library, and other amenities and facilities needed for and by the students and not be used for any other purpose. (4) The State as well as respondents are directed to ensure that on account of present dispute, students should not be made to suffer and their results, mark-sheets, admit cards, other documents should not be withheld and be declared/released in capacity of regular students forthwith immediately, without any fail. The respondents are directed to assist and help the students in question on 24×7 basis. No student should be deprived of appearance in any future examination or appearance on account of present dispute as the...

Rajasthan High Court Weekly Roundup: March 14 To March 20, 2022

ANIRUDH VIJAY

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