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2010 Supreme(Raj) 581

DINESH MAHESHWARI, VINEET KOTHARI, SANGEET LODHA
CENTRAL ACADEMY SOCIETY – Appellant
Versus
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL JAIPUR – Respondent


Advocates: D.P.Sharma, HEMANT DUTT, Nikhil Dungawat, P.S.Bhati,

MAHESHWARI,J.

( 1 ) INTRODUCTORY these three intra-court appeals have been placed before this Bench by the orders of Hon'ble the Chief Justice for a reference having been made by a division Bench of this Court on the question of applicability of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 [hereinafter referred to as the Act['the Act of 1989'] in the case of removal or termination of services of the employee of an unaided recognised educational institution. The Hon'ble Division Bench hearing these appeals was of the view that there had been conflict of opinions in different Division Bench decisions on the question aforesaid and observed in its reference order dated 14. 1. 2008 as under:-

"heard learned counsel for the parties. Learned counsel for the appellants has relied upon a Division Bench judgment of this Court in Educational Society of Sophia High School and ors. vs. Raj. Non-Govt. Educational Ins. Tri. and Ors. reported in 2003 wlc (Raj.)UC Page 638. On the other hand, learned counsel for the private respondents relied upon another Division Bench judgment of this Court in Managing Committee Through Chairman (Brig.)Dy. G. O. C. Army School and


























































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