BISHWAMBHARLAL HIGH SCHOOL (BAGAR) TRUST AND ORS. Vs. THE RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTION TRIBUNAL AND ORS.

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) This writ petition is directed against the order passed by the Rajasthan Non-Government Educational Institution Tribunal, Jaipur (in short, 'the Tribunal'), dated 08.06.2001 in Appeal No.87/97, by which the Tribunal has allowed the claim of the respondent, Shri Atar Singh, and has held that the order of termination passed against him during the extended period of probation, was stigmatic in nature, and was thus violative of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 (in short, 'the Act of 1989'). The Tribunal, allowed the Appeal and set aside the order of termination, dated 07.02.1997, and directed the respondent-Institution to give the benefit of continuity of service, as well as the pay and allowance to the appellant. The Tribunal further observed that if the respondent-Institution is still of the opinion that the services of the appellant were not satisfactory, it will be open to them to pursue the legal proceedings, in accordance with law.

(3.) The petitioner has also prayed to declare the expression "with prior approval of the authority competent to approve the appointment (Appendix IX)", occuring in Rule 30(b) of the Rajasthan NonGovernment Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (in short, 'the Rules of 1993'), to be illegal and strike it down.