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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Abdul Rahim son of Shri Deen Mohammad – Appellant
Versus
Managing Committee Islamia Senior Secondary School, Sikar through its Manager – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. Feeling aggrieved by order dated 14.07.2000 passed by learned Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short, ‘the Tribunal’) in application No. 111/1999 as well as dissatisfied with the action of termination of service w.e.f. 15.05.1999, the petitioner has filed the instant writ petition with a further prayer to grant benefit of reinstatement along with all consequential benefits.
2. Facts in brief are that the petitioner was appointed in Respondent-non-Government Educational Institution on 16.09.1993. As per petitioner, respondent No.1 is a recognized and aided Institution, receiving grant in aid from the Government of Rajasthan for its recurring and non-recurring expenses.
3. As per the petitioner, he worked as Teacher in Primary Classes from 16.09.1993 to 31.01.1994 and for teaching the Senior Secondary Classes from 01.02.1994 to 14.05.1994. Thereafter, artificial break was given to him and an advertisement was issued in news-paper for inviting applications from eligible persons for appointment on the post of Teacher Grade-III. As per petitioner, he submitted application pursuant to the advertisement and also appeared be
Termination of service in recognized institutions requires compliance with statutory provisions, including notice and inquiry, regardless of the employee's appointment status.
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.
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....
Reinstatement is not an automatic remedy for illegal termination; monetary compensation may be awarded based on employee’s context, such as age and duration of service.
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.
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.
The main legal point established in the judgment is the interpretation and application of the Rajasthan Voluntarily Rural Education Service Rules, 2010, specifically Rule 4 and Rule 5, in determining....
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