IMMAMUDDIN Vs. STATE

JUDGEMENT

(1.) PETITIONER , as alleged in petition, was appointed in the cadre of Class IV in Air Force School Kanak Ghati, Amer Road, Jaipur on 04/01/1983 and continuously discharged his duties but on one fine morning, his gate pass to enter the School was taken away and was notallowed to enter the campus, which compelled him to approach this Court initially by filing CWP -1536/94. However, that writ petition came up for admission on 30/03/1994, and as alleged in para 2 of instant petition, it was orally observed by the Court that petitioner may seek remedy before Central Administrative Tribunal and accordingly, he withdrew the same and that petition was dismissed with a liberty to file afresh. Consequently, petitioner preferred OA No. 232/94 before the Central Administrative Tribunal wherein preliminary objection was raised by respondents in regard to jurisdiction of the Tribunal and accordingly he was allowed to withdraw original application vide order dt. 29/08/95 for seeking remedy under law.

(2.) OBVIOUSLY application was filed by petitioner Under Section 21 of Rajasthan Non Govt. Educational Institutions Act, 1989 ("the Act, 1989"). It appears from the order impugned dt. 13/12/95 (Ann.1) that when the matter came up at the admission stage, the learned Tribunal after taking note of Section 2(p) of the Act, 1989, observed that the Air Force School is not a non -Govt. Educational institution, accordingly the same was dismissed holding the application preferred by petitioner being not maintainable. However, merits of the dispute have not been examined by the Tribunal while passing order impugned; hence the petitioner has approached this Court by way of instant petition.

(3.) GOVERNMENT Counsel submits that the order impugned herein was passed at the admission stage without examining relevant provisions of the Act, 1989; and however, in the case of Smt. Ruby Khan who was also employee of Air Force School and whose services were terminated, and she too preferred appeal 26/2000 before the Education Tribunal wherein also, preliminary objection was raised by the Air Force School that the Tribunal has no jurisdiction under the Act, 1989; and taking note of material on record in the case of Ruby Khan, learned Tribunal examined the scheme of the Act, and finally observed in para 16 that provisions of the Act, 1989 are applicable to employees of the Air Force School, and they are entitled to seek protection under the Act, 1989 vide judgment dt. 11/04/2000 - against which no writ petition was filed by Air Force School.