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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Management Committee, Bharatiya Vidya Bhavan Vidyashram – Appellant
Versus
Rameshwar Lal Meena, S/o Mr. Kalu Ram Meena – Respondent
ORDER :
Anoop Kumar Dhand, J.
1. Since common questions of facts and law are involved in all these writ petitions, hence, with the consent of counsel for the parties, these matters are taken up together for final disposal and are being decided by this common order.
2. For the sake of convenience, the prayer mentioned in SB Civil Writ Petition No.19107/2023 has been taken into consideration, which reads as under:-
“(I) This writ petition may kindly be allowed and the impugned order dated 27.09.2023 (Annexure-3) passed by the Rajasthan Non-Government Educational Institutions Tribunal may kindly be quashed and set-aside by issuing the writ of Certiorari.
(II) Such other further order, directions or relief as may be deemed to be just and proper may kindly be passed in favor of the Humble Petitioners’ institution.”
3. By way of filing this writ petition, a challenge has been led to the impugned order dated 27.09.2023 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as “the Tribunal”) by which appeal filed by the respondent No.1 under Section 19 of the Rajasthan Non- Government Educational Institutions Act, 1989 (hereinafter referred to
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.
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....
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 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....
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.
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 service in recognized institutions requires compliance with statutory provisions, including notice and inquiry, regardless of the employee's appointment status.
Termination of services must comply with statutory requirements of notice or salary in lieu, and failure to do so renders the order illegal.
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