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2017 DIGILAW 1833 (RAJ)

BHARTIYA LOK KALA MANDAL v. JAI PRAKASH VYAS

2017-08-16

PRADEEP NANDRAJOG, RAMCHANDRA SINGH JHALA

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JUDGMENT : 1. Since we are remanding the matters to the learned Single Judge after setting aside the impugned order dated 07.10.2014 and restoring the writ petitions which were filed by the appellant for adjudication afresh, we record the reasons for remand. 2. The principle issue before the learned Single Judge was to the jurisdiction of the Appellate Tribunal constituted under the Rajasthan Non Government Educational Institutions Act 1989 to decide the lis which was raised by the respondents in the appeals filed before the Tribunal. 3. Section 2 (p) of the Act defines Non-Government Educational Institutions and includes as institution for the cultural development of the people in the State, apart from educational institutions. Section 2 (q) defines a recognized institution. 4. In other words, the statute contemplates Non Government Educational Institution which may or may not be recognized institutions. 5. Whether this distinction would impact the jurisdiction of the Tribunal to entertain the appeals has not been decided by the learned Single Judge. 6. The contention of the appellant is that a dispute only between the employees and recognized institutions can be entertained by the Tribunal. Respondents urge to the contrary. as per them, any dispute between a Non-Government Educational Institutions as defined under Section 2(p) and its employees can be decided by the Tribunal. 7. Respondents also claim that the appellant is a recognized institution and is covered by the definition as per Section 2 (q). 8. Learned counsel for the parties do not dispute that only one writ petition was listed before the learned Single Judge who called for the files of the other writ petitions and decide the writ petitions in the absence of a response in some of the writ petitions filed by the respondents therein. 9. The writ appeals are disposed of setting aside the impugned order dated 07.10.2014. S.B.Civil Writ Petitions No. 6289/2014, 3818/2014, 8575/2012, 1714/2013, 3132/2013 and 3133/2013 are restored for adjudication afresh before the learned Single Judge and till the writ petitions are decided the interim orders passed by the Division Bench on 08.12.2014, so far it gives interim relief to some of the respondents, shall enure.