SOCIETY OF CATHOLIC EDUCATION INSTITUTIONS Vs. STATE GOVERNMENT OF RAJASTHAN
LAWS(RAJ)-2020-9-26
HIGH COURT OF RAJASTHAN
Decided on September 07,2020

Society Of Catholic Education Institutions Appellant
VERSUS
STATE GOVERNMENT OF RAJASTHAN Respondents

JUDGEMENT

- (1.) Heard on interim applications seeking impleadment of the applicants as party respondents in S.B. Civil Writ Petition Nos.7564/2020 and 7609/2020. Taking the consideration the facts as mentioned in the interim applications, the same are allowed to the extent of being intervenors. On Stay Application Nos.7080/2020, 7127/2020, 8996/2020 & 8256/2020: Order 1. All these writ petitions raise common grievance as against the orders passed by the State Government dated 9.4.2020 and 7.7.2020. As a lead case, brief facts of S.B. Civil Writ Petition No.7609/2020 titled as "Progressive School Association Versus State of Rajasthan & Anr." are being taken note of for disposal of stay applications. As per order dated 9.4.2020 following directions were issued to the private and unaided schools recognized by Department of Primary & Secondary Education: a) After 15th March, 2020, collection of all outstanding dues, current applicable fees and advance fees shall be deferred for a period of three months in respect of all students studying in non- governmental institutions. During this period, names of students shall not be struck off for non-governmental institutions. During this period, names of students shall not be struck off for non- payment of such fees; b) In case the students continue to receive education from such non-governmental institutions then the deferred fees for the session 2020-21 could be paid after such suspension period; c) On the completion of the lockdown period if the students desire to obtain transfer certificate from such schools then the transfer certificates may be issued after payment of the fees 2019-20 and on obtaining no-dues certificate thereof.
(2.) By the order dated 7.7.2020 and the aforesaid directions were continued to operate and extended indefinitely till the State Government takes any decision for opening of the schools.
(3.) Mr. Kamlakar Sharma, Senior Advocate, assisted with Ms. Alankrita Sharma, Advocate, appearing for the petitioners in S.B. Civil Writ Petition No.7564/2020, were heard along with Mr. Shailesh Parakash Sharma, Advocate, appearing in S.B. Civil Writ Petition No.8835/2020 and Mr. Dinesh Yadav, Advocate, appearing in S.B. Civil Writ Petition No.7564/2020 and Mr. Hukam Chand Sharma in S.B. Civil Writ Petition No.8862/2020 on stay applications.;


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