S.B. C.W.P. NO.4463/1997 Oswal Kanya Shiksha Pracharini Sanstha, Jodhpur unit, Jodhpur v. State of Rajasthan & others Date of Order: 17th February, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr Vineet Dave for Mr M.S. Singhvi, for the petitioner Mr N.M. Lodha, for the respondents. By this petition for writ, the petitioner has challenged order dated 11th August, 1997 passed by the Assistant Provident Fund Commissioner, Rajasthan Region, Jaipur. Contention of the petitioner is that the recognized educational institutions under private management, being within effective control of the State Government, are not required to be covered by the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 but by the provisions of Rajasthan Non-Governmental Educational Institutions Act, 1989. As a matter of fact, the controversy in this petition for writ is no more res integra in view of judgment of this Court in Balwadi Vidhya Mandir, Churu and 20 others v. State of Rajasthan & others. In the case aforesaid, this Court held that recognized educational institutions under private management being within effective control of the State Government deposit provident fund in respect of their employees in accordance with sec.16(2) of the Rajasthan Non-Governmental Educational Institutions Act, 1989 and not under Employees Provident Fund & Miscellaneous Provisions Act, 1952. In view of legal position aforesaid, the order dated 11th August, 1997 is certainly bad and therefore, deserves to be quashed. Accordingly, this petition for writ is allowed. The order dated 11th August, 1997 (Annx.11) is hereby quashed. Respondents No.2 and 3 are directed to refund the amount, if any, already recovered from the petitioner against provident fund under the Act of 1952. No order as to costs. [GOVIND MATHUR],J. mma