[2026:RJ-JP:7604]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10354/2025

1. Modern Academy Senior Secondary School Management Committee, Bhiwadi, Alwar Through Secretary, Bhiwadi, Alwar.

2. Principal, Modern Academy Senior Secondary School, Bhiwadi, Alwar.

----Petitioners Versus

1. Smt. Rajkishori Pandey W/o Shri Shyam Charan Pandey, R/o 8/346, U.i.t. Colony, Bhiwadi, Alwar.

2. Director, Secondary Education, Bikaner, Rajasthan.

3. District Education Officer, Secondary Education, Alwar.

----Respondents Connected With S.B. Civil Writ Petition No. 382/2026 Smt. Rajkishori Pandey W/o Sh. Shyama Charan Pandey, Aged About 60 Years, R/o 8/346, U.i.t. Colony, Bhiwari, Alwar.

----Petitioner Versus

1. The Management Committee Of The Modern Academy Senior Secondary School, Through Its Secretary, Bhiwadi, District Alwar (Raj.)

2. The Principal, Modern Academy Senior Secondary School Bhiwadi, District Alwar (Raj.)

3. The Director, Secondary Education, Near Lalgarh Palace, Bikaner (Raj)- 334001.

4. The District Education Officer (Deo) Secondary, Alwar (Raj.)

----Respondents For Petitioner(s) : Mr. Ankul Gupta For Respondent(s) : Mr. Vikram Singh Nain HON'BLE MR. JUSTICE ANAND SHARMA

Order

09/02/2026 In S.B. Civil Writ Petition No. 10354/2025 :-

1. Petitioners have challenged order dated 28.05.2025 passed by Rajasthan Non-Government Educational Institution Tribunal, Jaipur whereby, application under Section 21 filed by respondent No.1 has been allowed and termination order dated 03.06.2009 has been quashed with further direction was given to the petitioners to reinstate respondent No.1 by maintaining continuity in service and with all consequential benefits.

2. Facts in brief are that the respondent No.1 filed an application under Section 21 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short the 'Act of 1989') stating therein that she was initially appointed as Teacher on 24.07.1991 and thereafter, she worked as officiating Principal up to March, 2001 and later on, the petitioner was promoted on the post of Lecturer (Hindi Literature) on 14.08.2004.

3. On account of alleged irregularities with regard to safeguarding the examination papers and in conducting the examination, the respondent No.1 was placed under suspension vide order dated 04.03.2009. Thereafter, without following any due procedure and without conducting departmental enquiry vide order dated 03.06.2009, services of the respondent No.1 were terminated leveling allegations and the order was stigmatic in nature. It was submitted that provisions of Rule 39 of Rajasthan Non-Government Educational Institution Rules, 1993 (for short 'Rules of 1993) were not followed and even, the alleged termination/removal order dated 03.06.2009 was issued by incompetent authority. It was stated in the application by the respondent No.1 that the alleged disciplinary enquiry was simply an eyewash and no due opportunity was given to her whereas, she was not at all responsible for any irregularity whatsoever therefore, the respondent No.1 prayed for quashing the order dated 03.06.2009 and further verbal dismissal order dated

01.07.2009.

4. Learned counsel for the petitioners submits that reply to the application was filed by the petitioners raising an objection with regard to maintainability of application under Section 21 of the Act of 1989 and it was also submitted that petitioners' school is not an aided institution as it is not receiving any grant in aid from the State Government under the Rules of 1993. It was submitted that the enquiry against the respondent No.1 was conducted in view of directions given by District Education Officer so as to take disciplinary action against the erring officer who has committed serious irregularities in conducting the Board examination. It was submitted that due opportunity of hearing was given to the respondent No.1; however, she did not cooperate in the enquiry, nor did she submit any proper defence against the char