Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Non-application of Section 18 to Unaided Institutions - The provisions of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989, do not necessarily apply to unaided institutions. Several judgments clarify that unaided recognized institutions are exempt from certain mandatory compliance under Section 18, especially if they have not received aid from the government. For instance, it was held that the said institute has never received any 'aid' as per the provisions of Section 2(a) read with Section 2(t) of the Act of 1989 and thus, the petitioner-appellant does not fall within the ambit of an 'aided institution' ["2023 0 Supreme(Raj) 1301"]. Similarly, courts have emphasized that non-Government recognized unaided institutions are not bound by all provisions of Section 18, particularly those that are in mandatory form ["RAMAVATAR SHARMA vs R N G E I TRIBUNAL JAIPUR - Rajasthan"].
Recognition and Compliance - Recognition under the Act is a prerequisite for certain obligations; however, unaided institutions that are recognized but do not receive aid are often exempted from some provisions. As noted, even while the first proviso to Section 18 of the Act of 1989 would not apply in disciplinary actions by unaided private educational institutions, the other provisions of Section 18, including the principal provisions, do apply ["2010 0 Supreme(Raj) 581"]. The courts have held that recognition alone does not impose all the obligations of aided institutions, especially if the institution is unaided and recognized, but not receiving aid ["2025 0 Supreme(Raj) 1304"].
Legal Interpretations and Supreme Court Rulings - The Supreme Court and high courts have clarified that certain provisions of the RTE Act and the Rajasthan Act do not apply to unaided minority or non-minority institutions, especially if they are recognized but not aided. For example, Section 12(1)(c) of the RTE Act, 2009 alone shall not apply to aided and unaided minority schools, and the RTE Act was not applicable to any unaided educational institution – whether minority or non-minority – as it infringed their Fundamental Rights under Articles 19(1)(g) and 30(1) of the Constitution ["2014 Supreme(Online)(All) 20"], ["2025 0 Supreme(SC) 1293"]. The courts have also recognized that compliance with Section 12(1)(c) need not come at the cost of eroding the minority character of the school ["2025 0 Supreme(SC) 1293"].
Conclusion - Overall, the provisions of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989, are not mandatory for unaided institutions that are recognized but have not received government aid. Such institutions are exempt from certain compliance requirements, especially those related to grant-in-aid, accounts, and audit, unless explicitly mandated or recognized as aided. The legal framework and judicial interpretations support the view that unaided, recognized institutions are not obligated to adhere to all provisions applicable to aided institutions, maintaining their autonomy and minority rights where applicable ["2023 0 Supreme(Raj) 1301"] ["RAMAVATAR SHARMA vs R N G E I TRIBUNAL JAIPUR - Rajasthan"].
References:- ["2023 0 Supreme(Raj) 1301"]- ["RAMAVATAR SHARMA vs R N G E I TRIBUNAL JAIPUR - Rajasthan"]- ["2010 0 Supreme(Raj) 581"]- ["2025 0 Supreme(Raj) 1304"]- ["2014 Supreme(Online)(All) 20"]- ["2025 0 Supreme(SC) 1293"]
Running an unaided educational institution in Rajasthan? One common question arises: Does compliance with (NGEI Act) need to be followed if the institution is unaided? This provision governs the removal, dismissal, or reduction in rank of employees, emphasizing fair procedures like providing a .
While unaided institutions enjoy greater autonomy under , as highlighted in landmark cases like TMA Pai Foundation, they are not entirely exempt. This blog post breaks down the nuances, drawing from judgments and Tribunal decisions. Note: This is general information based on case law; consult a legal expert for specific advice.
Section 18 mandates that no employee of a recognized non-government educational institution—whether aided or unaided—can be removed, dismissed, or reduced in rank without:- A .- Compliance with specific provisos, including prior written consent from the (or authorized officer) in certain cases. 2018 0 Supreme(SC) 860 1994 0 Supreme(Raj) 936 2015 0 Supreme(Raj) 702
The requires prior approval before issuing a final dismissal order. However, a Full Bench of the in clarified: even while the to Section 18 of the Act of 1989 would not apply in the by the unaided private educational institution, the other provisions of Section 18 are, without any doubt, applicable to all the institutions aided or unaided. 2015 0 Supreme(Raj) 702
This framework ensures without unduly interfering with autonomy.
rulings consistently affirm Section 18's reach:
Additional precedents reinforce this:- In a case involving termination approval, the court upheld authorization under Section 2(f): the approval of the was valid as the definition of '' under includes 'any other officer authorised by him'. 2015 0 Supreme(Raj) 1726- Another ruling dismissed a writ where termination violated Section 18 by lacking hearing opportunity and approval: Provisions of Section 18... were violated, which postulates such opportunity of hearing be afforded. 2014 0 Supreme(Raj) 1057- Tribunal orders were set aside only if Section 18 compliance was absent, but courts stressed mandatory approval. 2011 0 Supreme(Raj) 1526
CENTRAL ACADEMY SOCIETY vs RAJ.NON-GOVT.EDU.INST.TRI.and ORS
These cases show tribunals frequently order for violations, upheld by the High Court.
While most of Section 18 binds unaided institutions, exceptions include:- : No prior final order approval needed. 2015 0 Supreme(Raj) 702- /Non-State Board Affiliation: Core Section 18 applies; rules like 1993 may not fully. 1994 0 Supreme(Raj) 936- No Blanket Exemption: consent is non-negotiable, even unanimously. 2018 0 Supreme(SC) 860- Minority Institutions: Some provisions (e.g., , 18) may have limited application to avoid Article 30 infringement, but NGEI Act Section 18 generally holds unless specified otherwise. Related rulings note TET qualifications apply, affirming oversight. 2025 0 Supreme(Mad) 2735
Unrecognized institutions or closures (e.g., post-recognition expiry) may sidestep /18, but recognized ones cannot. 2015 0 Supreme(Raj) 111
To avoid Tribunal challenges and :1. Verify Recognition: Confirm status under NGEI Act . 2015 0 Supreme(Raj) 1112. Document Hearings: Always provide show-cause notices and hearings.3. Seek Consent: Obtain written Director/ approval for terminations. 2015 0 Supreme(Raj) 17264. Follow Inquiries: Use Rule 39 for disciplinary probes. 2015 0 Supreme(Raj) 7025. Notice/Pay: Ensure six months' notice or equivalent, post-consent.
Failure often leads to: Invalid orders, back wages, . 2014 0 Supreme(Raj) 1057
Section 18 is '', not punitive, aligning with TMA Pai principles. It prevents maladministration while respecting unaided autonomy under Article 19(1)(g). Courts reject challenges to similar provisions. 2012 0 Supreme(Bom) 1561 2012 0 Supreme(Bom) 1570
This framework protects employees while allowing institutional flexibility. Stay updated via and Tribunal rulings. For tailored guidance, contact a Rajasthan education law specialist.
References:1. 2018 0 Supreme(SC) 860: Mayo College non-compliance.2. 2015 0 Supreme(Raj) 702: Full Bench on provisos.3. 1994 0 Supreme(Raj) 936: schools.4. Others as cited.
#RajasthanEducationLaw, #UnaidedSchools, #Section18NGEI
The said institute has never received any “aid” as per the provisions of Section 2(a) read with Section 2(t) of the Act of 1989 and thus, the petitioner-appellant does not fall within the ambit of an “aided institution” as per Section 2(b) of the Act of 1989. ... Non-Government recognized unaided institutions.” ... Therefore, in this background viz-a-viz the unaided and nongovern....
Firstly, for non-compliance of the mandate of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989, is not attracted in the instant case at hand. ... Rajasthan Non-Government institution but the other provisions of Section 18 of non #H....
Even the order of recognition dated 17.7.2000 issued by NCTE specifically contemplates the need for the institution to comply with and fulfil the requirement of the affiliating body and State Government, in addition to the conditions of NCTE.' ... Admission. - (1) Every admission to an aided or unaided educational institution, shall be made in accordance with the provisions of this Act or the rules made thereunder and every admissio....
1 2(1)(c) and Section 1 8(3) of RTE Act, 2009 alone shall not apply to such aided and unaided minority schools. ... When we examine the 2009 Act, we find that under Section 1 2(1)(c) read with Section 2 (n)(iv) of the Act, an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority is required to admit in class I, to the ext....
The next question that arises for determination is whether Section 12(1)(c) of the 2009 Act impedes the right of the non-minority to establish and administer an unaided educational institution? ... 35. ... No part of Section 18(1),18(5),19(1) & 19(5) of the Right of Children to Free & Compulsory Education Act,2009 (referred to as 2009 Act, hereafter) can be seen as ultra-vires & violative of Art.....
The next question that arises for determination is whether Section 12(1)(c) of the 2009 Act impedes the right of the non-minority to establish and administer an unaided educational institution? ... 35. ... No part of Section 18(1),18(5),19(1) & 19(5) of the Right of Children to Free & Compulsory Education Act,2009 (referred to as 2009 Act, hereafter) can be seen as ultra-vires & violative of Art. ....
By admitting a non- member into it the minority institution does not shed its character and cease to be a minority institution. ... The minority view held that the RTE Act was not applicable to any unaided educational institution – whether minority or non-minority – as it infringed their Fundamental Rights under Articles 19(1)(g) and 30(1) of the Constitution. 36. ... However, difference of opinion arose as to the ....
to comply the mandatory provisions of law. ... 19 of the Rajasthan Non-Government Educational Institution Tribunal the Rajasthan Non-Government Educational Institution (Recognition ... Rajasthan Non- Government Educational Institutions (DB Civil Special dated 16.5.2002 in non#HL_END....
18 of the Rajasthan Non- Government Educational Institutions Act, 1989 [hereinafter referred Section 18 ibid to the unaided institutions. ... These other provisions of Section 18 do apply, as they are and in mandatory form, to unaided institution as well. ... covered by the provisions of the Act of 198....
18 of the Rajasthan Non- Government Educational Institutions Act, 1989 [hereinafter referred Section 18 ibid to the unaided institutions. ... These other provisions of Section 18 do apply, as they are and in mandatory form, to unaided institution as well. ... covered by the provisions of the Act of 198....
Teacher, was found vitiated for non-compliance of Section 18 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short, 'the Act of 1989'). The petitioner- employer, vide order dated 25th November, 2000, again terminated the services of the respondent-Teacher, which became subject matter of appeal before the Tribunal, adjudicated upon vide impugned order dated 4th March, 2002, whereby the order of termination of the respondent-
3. Section 14 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short, 'the Act of 1989'), provides for closure of the recognized institutions. Sub-section (1) of Section 14 of the Act of 1989, provides as follows:-
Provisions of Section 18 of the Rajasthan Non-Government Educational Institutions Offering cheque of Rs. 1,10,450/- for salary in lieu of notice period of six months was wholly illegal and did not satisfy the requirement of law as salary for the period from 01.01.2004 except the period from April to September, 2005, was not yet paid. Act, 1989 were violated, which postulates such opportunity of hearing be afforded to the affected employee. The management has not granted an opportunity of hearing to the respondent prior to passing the order of termination.
On the last date of hearing preliminary objection was raised by counsel for petitioner that order of the Tribunal discloses that counsel appeared on behalf of petitioner and argued the matter but what has been recorded is factually incorrect and from the record it reveals that no-one appeared on behalf of petitioner before the Education Tribunal and reply filed before the Tribunal was also not considered and since two appeals were disposed of by common judgment the pleadings of another case has been taken note of while examining the controversy. Taking note of the submissions made and the fa....
Said Judge dated 18.09.1999 was passed ex parte because, inspite of service, none appeared before the Tribunal on behalf of the petitioner institution. Thereafter, an application under Order 9, Rule 13 , read with Section 151, C.P.C. was filed. The said appeal was allowed by the Tribunal filed by respondent employee solely on the ground that before terminating the services of the respondent-employee. who was working on the post of Teacher, compliance of Section 18 of the Rajasthan Non- Government Educational Institutions Act, 1989 was not made.
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