[2026:RJ-JP:7197]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1270/2026

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

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

----Petitioners Versus

1. Jagdish Prasad Yadav S/o Late Shri Suraj Ram Yadav, R/o D-141, Bhagat Singh Colony, Bhiwadi, District Alwar.

2. Director, Secondary Education, Lalgarh Palace, Bikaner, Rajasthan.

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

Order

09/02/2026

1. Petitioners have challenged order dated 08.12.2025 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. It is stated by learned counsel for the petitioners that respondent No.1 filed one application under Section 21 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short the 'Act of 1989') stating therein that, he was appointed on the post of Teacher Grade-III in petitioners' school on 01.02.1996. His appointment was through proper selection process conducted by duly constituted Selection Committee and after due screening. The respondent No.1 was thereafter assigned duties of Lecturer for teaching the senior classes w.e.f. July, 2006. 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 him whereas, he 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.

3. 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 was not an aided institution as it was 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, he did not cooperate in the enquiry, nor did he submit any proper defence against the charges leveled against him. Under these circumstances, order dated 03.06.2009 was issued by the petitioners in which, there was no illegality or infirmity. Hence, the application filed by the respondent was liable to be rejected.

4. It is also submitted by learned counsel for the petitioners that the petitioners also raised an objection that against removal order dated 03.06.2009, no application under Section 21 of the Act of 1989 was maintainable and on such objection, an application was filed by the resp