HARI OM AGARWAL Vs. RAJASTHAN NON-GOVERNMENT

JUDGEMENT

(1.) Having heard learned Counsel for the petitioner and having examined the material. ced on record, this Court is clearly of opinion that this writ petition seeking to challenge the order dated 25.11.2004 (Annex.4) passed by the Rajasthan Non-government Educational Institution Tribunal, Jaipur ('the Tribunal') rejecting the application filed by the petitioner does not merit admission; and rather, the present litigation as taken up by the petitioner cannot be said to be a bona fide one.

(2.) The petitioner has averred in the writ petition that he filed an application before the Tribunal challenging the ''illegal, arbitrary, and unconstitutional action of the Respondents'' and has produced on record as Annexure-1 a typed copy of the application allegedly made before the Tribunal but without copies of documents annexed thereto. The petitioner has further averred that the respondent filed reply to the application and he filed a rejoinder thereto and has placed on record a copy of the reply as Annexure-2, without the documents annexed thereto and has also placed on record a copy of rejoinder as Annexure-3, again without copies of the documents annexed to the rejoinder. According to the petitioner, the Tribunal has proceeded to dismiss the application filed by him by its impugned judgment/order dated 25.11.2004 (Annex.4) contrary to the provisions of law while ignoring the material available on record. Certified copy of the order dated 25.11.2004 shows that the petitioner received the same on 01.02.2005. This writ petition has been filed only on 05.07.2006.

(3.) The dispute relates to penal rent charged by the respondent institution from the petitioner for the period 01.01.1991 to 31.01.1994 towards a residential accommodation occupied by him. The petitioner averred before the Tribunal that he was working on the post of Assistant Teacher (Maths) and was performing the duties to the best of his abilities with the respondent Institution that was receiving grant-in-aid from the State Government; that the Managing Committee of the Institution passed an illegal order of recovering penal rent from him and when he moved a representation to the Chairperson of the Institution, the respondent considered his grievance by regularising the matter and observed that the Society would take decision about penal rent charged from the petitioner. According to the petitioner, he had withdrawn the case filed before the court of law so that the respondent No. 1 may sympathetically consider the matter. The petitioner asserted that penal rent had been charged erroneously because quarter of the Institution was allotted to him by the then Principal in the year 1985; and alleged that he moved a number of representations on 10.01.1995, 15.06.1995, 24.08.1995, 16.01.1996, 06.04.1996, 23.07.1997 and 11.10.1999 making a request to refund the penal rent which had been erroneously recovered from him but no heed was paid by the respondents. The petitioner alleged before the Tribunal that the action of the respondent No. 1 in deducting penal rent was contrary to law, was violative of Articles 14, 16 and 21 of the Constitution of India and was violative of the provisions of the Rajasthan Non-government Educational Institutions Act, 1989 and the Rules framed thereunder. The petitioner prayed for the relief of directions against the respondent No. 1 to refund the penal rent with interest at the rate of 18% per annum.