Advocates:
['PS BHATI', '', 'NIKHIL DUNGAWAT', 'MC BHOOT', 'DP SHARMA', 'HEMANT DUTT', '', 'MUKESH RAJPUROHIT']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

:: O R D E R ::

(1) Central Academy Society Vs. Rajasthan Non-Government

Educational Institutions Tribunal,

Jaipur & Ors.

D.B.Civil Special Appeal (Writ) No. 344/2001

(2) Central Academy Society Vs. Rajasthan Non-Government

Educational Institutions Tribunal,

Jaipur & Ors.

D.B.Civil Special Appeal (Writ) No. 345/2001

(3) Central Academy Society Vs. Rajasthan Non-Government

Educational Institutions Tribunal,

Jaipur & Ors.

D.B.Civil Special Appeal (Writ) No. 346/2001

DATE OF ORDER

::::

31^st May 2010.

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI

HON’BLE DR.JUSTICE VINEET KOTHARI

HON’BLE MR.JUSTICE SANGEET LODHA

Dr. P.S. Bhati with

Mr. Nikhil Dungawat, for the appellants.

Mr. Hemant Dutt, for the respondents.

Mr. D.P. Sharma, intervener.

....

Reportable BY THE COURT: (Per Dinesh Maheshwari, J.)

INTRODUCTORY

These three intra-court appeals have been placed before this

Bench by the orders of Hon’ble the Chief Justice for a reference

having been made by a Division Bench of this Court on the

question of applicability of Section 18 of the Rajasthan Non-

Government Educational Institutions Act, 1989 [hereinafter referred

to as ‘the Act/‘the Act of 1989’] in the case of removal or termination

of services of the employee of an unaided recognised educational

institution. The Hon’ble Division Bench hearing these appeals was

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of the view that there had been conflict of opinions in different

Division Bench decisions on the question aforesaid and observed in

its reference order dated 14.01.2008 as under:-

“Heard learned counsel for the parties.

Learned counsel for the appellants has relied upon a

Division Bench judgment of this Court in Educational Society

of Sophia High School & Ors. Vs. Raj. Non-Govt.

Educational Ins. Tri. & Ors., reported in 2003 WLC (Raj.) UC

Page 638. On the other hand, learned counsel for the

private respondents relied upon another Division Bench

judgment of this Court in Managing Committee Through

Chairman (Brig.) Dy. G.O.C. Army School & Anr. Vs. Smt.

Pushpa Sharma & 4 Ors., reported in 2006 (3) WLC (Raj.)

Page 504 and Saint Meera Brotherhood Society Vs. State

of Rajasthan & Others, reported in 2006 (1) WLC (Raj.)

Page 677.

In our view, from the reading of the three judgments,

there appears to be apparent conflict of opinion between the

different Division Benches on the question about

applicability of Section 18 in the matter of removal and

termination of services of recognized but un-aided

educational institutions. In our view, the matters are required

to be and are referred to Hon'ble the Chief Justice for

constitution of appropriate Larger Bench, to decide the

question as to whether requirement of Section 18 is

attracted even in case of un-aided recognized educational

institutions.”

THE RELEVANT PROVISIONS

In view of the questions calling for determination in this

reference, appropriate it shall be to take note, at the outset, of

Section 18 and the other relevant provisions as contained in the Act

of 1989. Section 18 reads as under:-

18. Removal, dismissal or reduction in rank of

employees - Subject to any rules that may be made in this

behalf, no employee of a recognized institution shall be

removed, dismissed or reduced in rank unless he has been

given by the management a reasonable opportunity of being

heard against the action proposed to be taken :

Provided that no final order in this regard shall be

passed unless prior approval of the Director of

Education or an officer authorised by him in this behalf

has been obtained :

Provided further that this section shall not apply,-

(i) to a person who is dismissed or removed on the

ground of conduct