GURU NANAK EDUCATION SOCIETY UDAIPUR Vs. RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL JAIPUR

JUDGEMENT

(1.) WITH an object to provide education to inculcate the values of secularism, tolerance, higher learning, creativity and skills in pursuance of national policy of education, the petitioner society is running a school in the name of "guru Nanak Public School" (hereinafter referred to as "the institute") without getting any aid from the State. The petitioner No. 2 is the Managing Committee of the school and the respondents No. 2 to 9 are in employment of the institute as teachers.

(2.) ON lowering down the age of superannuation from 58 years to 55 years, the respondents No. 2 to 9 (hereinafter referred as "the applicants") preferred an application before the Rajasthan Non- Government Educational Institutions Tribunal, constituted under the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as "the Act of 1989") claiming the relief as follows:- &nbsp&nbsp&nbsp&nbsp&nbsp" It is therefore, most respectfully prayed that, this Hon'ble Tribunal may graciously be pleased to call for the record, examine the same and accept this Application of the Applicant and the respondents may be directed to not retire the applicant before the age of retirement i. e. 58 years and the so called resolution dated 13. 03. 2004 may be declared as illegal and the applicant may be provided all consequential benefit. "

(3.) TO determine the answer to the question posed, this Court is required to examine the scheme propagated under the Act of 1989 and the Rules framed thereunder. In State of Rajasthan also, as elsewhere in the country, three types of educational institutions are in operation and those are (1)run by the government or its own wings and are absolutely funded by the government; (2)the institutions under the private management but are getting financial aid by the government; and (3)the institutions run by the private management without any aid of the government but, are having recognition from the government.