NARENDRA SINGH Vs. MANAGEMENT COMMITTEE

JUDGEMENT

(1.) AS a consequent to regular process of selection as per the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as "the Act of 1989") and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid and Service Conditions Etc.) Rules, 1993 (hereinafter referred to as "the Rules of 1993"), appointment to the post of Senior Teacher (Science) was accorded to the petitioner under an order dated 1.10.1999, passed by the Secretary, Shri Jain Ratan Senior Secondary School, Bhopalgarh District Jodhpur (hereinafter referred to as "the Employer Institution").

(2.) THOUGH the order of appointment dated 1.10.1999 in quite unambiguous terms mentions about approval obtained from the competent authority i.e. the District Education Officer vide letter dated 28.9.2009 in accordance with Rule 29 of the Rules of 1993 before giving appointment, the Secretary of the managing committee of the Employer Institution by a letter dated 27.1.2010 informed the petitioner that his appointment under the order dated 1.10.1999 was "null and void ab-initio" being not having necessary approval from the competent authority i.e. the Deputy Director, Department of Education. An explanation from the petitioner in this regard was also called for and the petitioner vide letter dated 15.2.2010 conveyed that the appointment was given to him as a consequent to regular process of selection and necessary approval was taken by the District Education Officer, thus, the same cannot be termed and treated as void ab-initio. It was also conveyed that the entire process was conducted by the Employer Institution wherein the petitioner was having no say, as such if the approval was taken by the District Education Officer instead of Deputy Director, then the liability for any wrong, if exists, rests on the Employer Institution. An explanation was further sought by the Employer Institution and necessary response to that was also given by the petitioner. The Employer Institution ultimately by order dated 30.4.2011 declared the order dated 1.10.1999 "null and void ab-initio" and off the petitioner from its roll of employees. Being aggrieved by the same, this petition for writ is preferred.

(3.) THE question requires adjudication in this petition for writ is that whether the Employer Institution was right in declaring the order of appointment dated 1.10.1999 "null and void ab-initio" on the count that the approval was taken by the District Education Officer instead of the Deputy Director, Education before giving appointment to the petitioner?