Advocates:
['DP SHARMA', 'S N GUPTA', '', 'PRAHLAD SINGH']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. Civil Writ Petition No.4868/1998

Ramavtar Sharma

Versus

Rajasthan Non-Government Educational Institutions

Tribunal, Jaipur & Ors.

Date of Order :: 7^th August, 2015

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

Mr. D.P. Sharma for petitioner.

Mr. Kushal Singh for Mr. Sanjay Kumar Sharma, G.C., for State-

respondents.

Mr. Prahlad Singh, respondent No.4.

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BY THE COURT:

Aggrieved of the order dated 31^st March, 1998, passed by the

Rajasthan Non-Government Educational Institutions Tribunal, Jaipur

(for short 'the Tribunal'), declining to interfere with the order of

termination dated 31^st May, 1996; the petitioner has approached

this Court praying for the following relief(s):-

“(A)

by an appropriate writ, order or direction the

judgment dated 31.3.98 (Annx.4) passed by the learned

Tribunal in appeal No.136/96 be quashed and set aside;

(B)

by an appropriate writ, order or direction the order

of termination dated 31.5.96 passed by the Respondent

No.4 may be quashed and set aside and the same may

also be declared as null and void;

(C)

by an appropriate writ, order or direction the

Respondent No.4 may also be directed to make payment

of difference amount of salary and allowances, which

have been lesser paid to the petitioner from his due

amount as per the provisions of law from the date of his

initial appointment.

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(D)

cost of the writ petition be also be awarded to the

petitioner;

(E)

Any other beneficial order or direction which this

Hon'ble Court deems fit and proper may also be passed

in favour of the petitioner.”

2.

The skeletal material facts necessary for appreciation of the

controversy raised herein are that the petitioner was appointed by

the Management of respondent number 4 (Nitin Public School,

Jaipur), vide order dated 25^th June, 1994, on a fixed remuneration

of Rs.1,100/- for the academic session 1994-95, purely on

temporarily basis. The order of appointment further stipulated a

condition that the untrained candidates will have to acquire the

required teacher's training qualification within two years. By

another appointment order dated 26^th June, 1995, the petitioner

was again appointed for academic session 1995-96, on a fixed

remuneration of Rs.1,250/- purely on temporary basis upto 31^st

May, 1996, with a specific stipulation to the effect that the

appointment was on contract basis and was subjected to

termination at any time. Untrained Teacher was required to acquire

the essential educational qualification within one year and failure to

do so, would entail cancellation of the appointment.

On a consideration of the pleaded facts, response filed by the

Management of Nitin Public School, Jaipur (respondent number 4),

evidence and materials available on record; the Tribunal, vide

impugned order dated 31^st March, 1998, concluded that the

petitioner was not in possession of the required 'Teacher's training'

qualification, being an untrained Teacher, and therefore, the action

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of the Management respondent-Institute in terminating the

employment of the petitioner could not be faulted.

3.

Learned counsel for the petitioner, reiterating the pleaded

facts and grounds of the writ application, has challenged the

impugned order dated 31^st March, 1998, passed by the Tribunal on

two grounds. Firstly, for non-compliance of the mandate of Section

18 of the Rajasthan Non-Government Educational Institutions Act,

1989 (hereinafter referred to as the 'Act of 1989', for short), and

Rule 39 of the Rajasthan Non-Government Educational Institutions

Rules, 1993 (hereinafter referred to as the 'Rules of 1993', for

short); and Secondly, for not according pay scale to the petitioner

admissible to his counterparts in the Government Schools and/or

Aided Institutions.

4.

According to the learned counsel for the petitioner, Secti