BANASTHALI VIDYAPEETH THROUGH SECRETARY Vs. R.L. GUPTA

JUDGEMENT

(1.) The controversy in these two Writ Petitions turns on the construction of the expression "Non- Government Educational Institution" as defined in Section 2(p) of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short 1989 Act).

(2.) Contextual facts depict that the respondent Shri R.L. Gupta (for short the employee) filed an application under Section 21 of 1989 Act (Application No. 188/1998) before the Rajasthan Non-Government Educational Institution, Jaipur (for short the Tribunal). It was inter alia stated in the application that the employee was appointed as office assistant (accounts) in the Banasthali Vidyapeeth (for short the Institution) a recognised institution as defined under Section 2(s) of 1989 Act. The institution is an aided institution within the meaning of Section 2(b) of 1989 Act. Vide Order dated August 21, 1986 the institution suspended the employee and was not paid subsistence allowance. A prayer was made to direct the institution to pay subsistence allowance to the employee. An appeal under Section 19 of 1989 Act was also submitted by the employee before the Tribunal assailing the three orders of the institution with the prayer to quash the said orders and reinstate the employee with all consequential benefits. The institution in its returns filed in both the matters raised preliminary objection to the maintainability of the said application and appeal on the ground that the institution was not amenable to the jurisdiction of the Tribunal as the institution was a 'deemed University' under the provisions of the University Grants Commission Act, 1956 (hereinafter referred to as 1956 Act) that does not come within the purview of 'Non-Government Educational Institution' as defined in Section 2(p) of 1989 Act.

(3.) Learned Tribunal vide common order dated February 14, 2002 overruled the preliminary objection raised by the institution. Against this order that the institution has preferred the instant Writ Petitions seeking declaration that the Tribunal has no jurisdiction to entertain the application and appeal of the employee.