JAWAHAR VIDHYA PEETH AND ORS. Vs. THE RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL, JAIPUR AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India in order to challenge the order dated 9.6.1997 passed by respondent No. 1. Rajasthan Non -Government Educational Institutions Tribunal, Jaipur (for short 'the Tribunal' hereinafter) which directed the reinstatement of respondent No. 4 -Kailash Chandra Sharma to the post of Lecturer with the petitioner.

(2.) A few brief facts may be noted in order to appreciate the controversy herein. The petitioner is a society registered under the Societies Registration Act and is running educational institutions in the District of Udaipur and it receives aid from the State Government. The college run by the petitioner -society was affiliated to the University of Rajasthan. As per Statute 30 of the Statute of the University of Rajasthan, every college was required to satisfy the University that the number and qualifications of the teaching staff are in accordance with the Rules prescribed by the University. An Ordinance was framed by the syndicate of the University of Rajasthan laying down the minimum qualifications for teachers in each college and faculties affiliated to the University of Rajasthan.

(3.) REGULAR selections were initiated for the post of Lecturer in Political Science and respondent No. 4 appeared for regular selection along with other candidates. None of the candidate were found suitable for the said post, therefore respondent No. 4 was allowed to continue till the end of session 1980 -1981. Since respondent No. 4 did not fulfil the minimum qualifications for the appointment on the post of Lecturer in Political Science, the University of Rajasthan on 20.4.1981 had objected to his appointment. The term of respondent No. 4 came to an end on 31.5.1981. The petitioner -society also initiated process of selection and Respondent No. 4 applied for therein but his application itself was rejected on the ground that he was not eligible for selection to the post of Lecturer in Political Science. Respondent No. 4 approached the Deputy Director, College Education, who in turn, directed that the respondent No. 4 be treated as eligible and be called for an interview. Respondent No. 4 was interviewed and his name was placed in the panel by the Selection Committee in its meeting dated 10.8.1981. The respondent No. 4 on coming to know that he was not in the final merit list, filed a suit on 28.8.1981 in the court of Additional Munsif(East), Jaipur City seeking a declaration and injunction against the petitioner with a prayer that he may be allowed to continue in service. The learned trial court vide order dated 15.10.1981 passed an order in favour of respondent No. 4 granting him temporary injunction. The petitioner challenged the order before the District Judge, Jaipur and the appellate court vide its order dated 1.3.1982 set aside the order passed granting temporary injunction and remanded the case back for trial. The trial court came to a conclusion that respondent No. 4 was not continuing in service of the petitioner -society after 31.5.1981 and declined to grant temporary injunction. Thereafter, the matter was finally disposed of and the suit of respondent No. 4 was dismissed vide a detailed judgment and decree dated 30.4.1986. Respondent No. 4 preferred an appeal before the District Judge, Jaipur and it was during the pendency of the appeal that Rajasthan Non -Government Educational Institutions Act, 1989 (for short 'the Act of 1989) was enacted wherein Section 27 barred the jurisdiction of the Civil Court to try and decide cases pertaining to educational institutions. An application was moved by respondent No. 4 to transfer the appeal to the Tribunal which was unopposed. The Tribunal at Jaipur vide order dated 9.6.1997 allowed the appeal filed and decreed the suit of respondent No. 4 with a direction to treat him in continuous in service from 31.5.1981 with all consequential benefits. Aggrieved against the said order dated 9.6.1997 passed by the tribunal , the present writ petition has been preferred.