1. We have heard learned counsel appearing for the appellants.

2. The appellants/petitioners were appointed and served as Lab Assistant, Librarian, Clerk, Teacher etc. in the Instrumentation Limited School, I.L. Colony, Kota, a private school, recognized by the Central Board of Secondary Education (CBSE). The school was run by a Society, named Instrumentation Limited School Society, Kota. The writ petition was filed by the petitioners with the prayers, to set aside the impugned order dated 27.03.2014, and for direction to the State Government to acquire the school and run it by itself, as well as to take steps to absorb the petitioners in the Government Schools as per their qualifications and present status. The writ petition was dismissed by learned Single Judge, on the ground that recognition was given by the CBSE to the school only upto 31.03.2011, and that the students strength had reduced from 2009-10 to 2013-14, which forced the Institution to close down the school.

3. Section 14 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short, 'the Act of 1989'), provides for closure of the recognized institutions. Sub-section (1) of Section 14 of the Act of 1989, provides as follows:-

“14. Closure of recognized institutions. (1) No recognized institution or its class or the teaching of any subject therein shall be closed without a notice in writing to the Competent Authority. It shall have to be shown that adequate arrangements have been made for the continuance of teaching of the students for the entire remaining period of study for which the students had been admitted or for the refund of the remaining fees, if any, paid by the students.”

4. Learned Single Judge found that Section 14 of the Act of 1989, is applicable only to the recognized institutions, and since the respondent-Institution was not given recognition after 31.03.2011, it could not be treated as recognized institution within the meaning of Section 2(q) of the Act of 1989. She further found that there was no illegality or infirmity in the decision taken by the respondent-Institution, to close down the school, as contained in the letter dated 27.03.2014, due to non-availability of students.

5. It is submitted that the respondent-Institution was an Institution recognized by the CBSE. The appellants/petitioners were serving in the Institution for last 20 or more years, and thus their services could not have been terminated without following the prescribed procedure, and further that the school could not have been closed abruptly dispensing with the requirement of services, which have left them without employment and social security.

6. It is not denied that number of students have fallen upto 79 in the school, which made the running private school unviable. It is also not denied that there was no valid recognition to the school by the CBSE after 31.03.2011. In the circumstances, there was no requirement of notice under Section 14 of the Act of 1989, to close the Institution. A non-recognized unaided Institution, which does not have sufficient number of students, could not have been allowed to continue only for the sake of continuing the services of the teachers and other employees. The appellants/petitioners were serving in the private school, recognized by the CBSE. The reasons as to why number of students fall below the required minimum, and further as to why no steps were taken, or if any steps were taken, why recognition was not granted beyond 31.03.2011, have not been explained on record. It is admitted that the school has been closed down and as on date, after examinations are over, not a single student is studying the school.

7. The appellants were serving in the private school. The nature of their services did not give them any right to continue beyond the period of recognition by the CBSE. The arrears of salary and other dues, as a consequence of termination of their services, have been paid to the appellant.

8. The Special Appeal has n