Ramdayal and ors Vs. State and ors

Ramdayal and ors vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Aug 21, 2013

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Citation: sooperkanoon.com/1024005
Court: Rajasthan Jodhpur High Court
Decided On: Aug 21, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ramdayal and ors

Respondent

State and ors

Excerpt

.....co-ordinate division bench of this court in d.b. civil writ petition no. 4241/2013 [federation of sand stone mining industries association & others vs. state of rajasthan & ors.] decided on 31.07.2013, along with other connected 8 writ petitions. therefore, present writ petition may be disposed of in the light of above referred judgment of co-ordinate division bench of this court. the operative portion of the judgment passed in the case of federation of sand stone mining industries association & others (supra), reads as under:- therefore, impugned amendment dated 03.04.2013 made in sub-rule (10) of rule 4 and rule 7(3) of the rules of 1986 are hereby declared illegal to the extent of rejection of the pending applications and it is directed that all the pending applications filed up to 27.01.2011 shall be decided in accordance with law prevailing prior to issuance of impugned notification dated 03.04.2013. it is made clear that we are not expressing any opinion with 2 regard to inter se dispute in between the petitioners of the case of deepal gehlot (supra) and of the case of ram prakash sharma (supra), therefore, the petitioners in both the above cases will be at liberty to pursue their remedy for their dispute in accordance with law, if so advised. in view of joint statement of learned counsel for the parties, the present writ petition is allowed for the same reasons, which have been assigned in the case of federation of sand stone mining industries association & others (supra). in view of above, stay application also stands disposed of. cost is made easy. (arun bhansali),j.(narendra kumar jain),j.a.k.chouhan/- 9

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE FOR RAJATHAN AT JODHPUR ORDER D.B. Civil Writ Petition No. 6581/2013 Ramdayal & Ors. Vs. State of Raj. & Ors. Date of Order :

21. t August, 2013 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Rajesh Joshi, for the petitioners. Mr. G.R. Punia Senior Counsel & AAG assisted by Mahendra Choudhary, for the respondents. ---- The defects pointed out by the office are waived. Learned counsel for both the parties submitted that the present case is fully covered by the decision of the co-ordinate Division Bench of this Court in D.B. Civil Writ Petition No. 4241/2013 [Federation of Sand Stone Mining Industries Association & Others Vs. State of Rajasthan & Ors.] decided on 31.07.2013, along with other connected 8 writ petitions. Therefore, present writ petition may be disposed of in the light of above referred judgment of co-ordinate Division Bench of this Court. The operative portion of the judgment passed in the case of Federation of Sand Stone Mining Industries Association & Others (supra), reads as under:- Therefore, impugned amendment dated 03.04.2013 made in sub-rule (10) of Rule 4 and Rule 7(3) of the Rules of 1986 are hereby declared illegal to the extent of rejection of the pending applications and it is directed that all the pending applications filed up to 27.01.2011 shall be decided in accordance with law prevailing prior to issuance of impugned notification dated 03.04.2013. It is made clear that we are not expressing any opinion with 2 regard to inter se dispute in between the petitioners of the case of Deepal Gehlot (supra) and of the case of Ram Prakash Sharma (supra), therefore, the petitioners in both the above cases will be at liberty to pursue their remedy for their dispute in accordance with law, if so advised. In view of joint statement of learned counsel for the parties, the present writ petition is allowed for the same reasons, which have been assigned in the case of Federation of Sand Stone Mining Industries Association & Others (supra). In view of above, stay application also stands disposed of. Cost is made easy. (Arun Bhansali),J.

(Narendra Kumar Jain),J.

A.K.CHOUHAN/- 9

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties Ramdayal and ors vs State and ors Same Subject Education