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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Army Public School, Nasirabad, Ajmer Through Its Chairman. – Appellant
Versus
Arvind Bhandari S/o Sh. Roop Singh Bhandari – Respondent
| Table of Content |
|---|
| 1. writ petition against termination (Para 3 , 4) |
| 2. counsel for petitioner argues misconduct (Para 5 , 6 , 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. counsel for respondent argues violation (Para 8) |
| 4. court reviews statutory provisions (Para 16 , 17 , 18) |
| 5. ignorance of law is no excuse (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 6. writ petition dismissed (Para 42) |
ORDER :
1. While deciding Special Leave Petition (Civil) Diary No.14726/2024 titled as Army Public School Versus Arvind Bhandari, the Hon’ble Apex Court has issued directions to this Court vide order dated 16.04.2024 to decide the instant writ petition expeditiously.
3. The instant writ petition has been preferred against the impugned order dated 06.10.2022 passed by the Rajasthan Non- Governmental Educational Institutions Tribunal, Jaipur (hereinafter referred to as “the Tribunal”) in Appeal No.9/2016 by which the appeal filed by the respondent under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as “the Act of 1989”) has been allowed and his termination order dated 11.05.2016 has
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....
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.
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.
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....
The court affirmed that all employees, including those on temporary contracts, are entitled to protections under Section 18 of the Act, requiring notice and approval for termination.
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.
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
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