BAGGA MALI Vs. SHRI BHAWANI SHANKAR GARG

JUDGEMENT

(1.) MR. S.M. Mehta, learned Advocate General who was directed to assist the court as to whether the Education Tribunal has the powers of contempt for non-implementation of the orders passed by the Tribunal, while relying on the judgment of this court in the case of Smt. Krishna Jha vs. State of Raj. & Ors. (1), decided on 23.4.2003, MR. Mehta submitted that orders passed by the Tribunal are now executionable treating the same as decrees of a civil court by way of an amendment in the Act itself.

(2.) THE Amendment Act No. 10 of 2003 inserting Section 27-A in the Rajasthan Non-Governmental Education Institutions (Amendment) Act by which a provision has been made to the effect that the order passed by the Tribunal shall be deemed to be the decree of the lowest civil court having territorial jurisdiction over the local area in which the respondents against whom the order has been made, ordinarily resides or carries on business or personally works for gain and shall be executed as such by such civil court. THE above Amendment Act has already come into force with immediate effect.