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ANOOP KUMAR DHAND
Maheshwari Public School through Its Honorary Secretary – Appellant
Versus
Rajasthan Non-Government Educational Tribunal – Respondent
JUDGMENT :
1. Present petition arises out of the impugned judgment dated 10.8.2011 passed by Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short “the Tribunal”) in Appeal No. 01/2005, by which the appeal filed by respondent no. 2 under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short “Act of 1989”) has been allowed and her termination order dated 27.9.2004 has been quashed and the petitioner Institution has been directed to reinstate the respondent back in service with all consequential benefits.
2. Facts of the case in brief, are that respondent no.2 was appointed on the post of Primary Teacher in Maths on 4.4.1996 w.e.f. 2.4.1996 by the petitioner Institution and she was removed from service vide order dated 27.9.2004 and six months salary of Rs. 62,394/- was paid to her in lieu of six months notice.
3. Feeling aggrieved by the impugned order of her removal, the respondent submitted an appeal before the Tribunal on the ground that she was removed from service in violation of the provisions contained under Section 18 of the Act of 1989 and Rule 39 of the Rajasthan Non-Government Educational Institutions Rules, 1993 (fo
Prior approval from the Director of Education is mandatory for the termination of employees in recognized institutions, emphasizing the importance of due process and adherence to statutory provisions....
The main legal point established in the judgment is that the prior approval of the Director of Education is mandatory for the termination/removal of an employee of a recognized institution under Sect....
In case of termination of an employee of a recognized institution prior approval of Director of Education or an officer authorised by him in this behalf has to be obtained.
Termination of an employee under the Rajasthan Non-Government Educational Institutions Act requires prior approval from the Director of Education, ensuring procedural safeguards are followed.
Termination of services must comply with statutory requirements of notice or salary in lieu, and failure to do so renders the order illegal.
Termination of service in recognized institutions requires compliance with statutory provisions, including notice and inquiry, regardless of the employee's appointment status.
The main legal point established in the judgment is the mandatory requirement of prior approval from the Director of Education for termination of an employee of a recognized private school, as provid....
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
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