KANTA SAHGAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution of India by Kanta Sahgal challenging the termination of her service by respondent No. 5 by an order Annexure/3 dated January 9,1989 (mistakenly written as dated January 9,1988 ).

(2.) FACTS as alleged in the writ petition, in brief, are that the Gurdwara Sri Guru Nanak Sat Sang Sabha (for short, here in after, "sabha"), respondent No. 4 is a registered society. It has established Shri Guru Nanak Deo Vidyalaya Seva Sang situated at Gurudwara Building, Rajmal ka Talab, Jaipur. Administration and management of this vidyalaya is carried on by respondent No. 5. The petitioner was appointed as Assistant Teacher in the pay scale of Rs. 110-5-160-8-200-10-230 under a letter of appointment dated July 1,1972 issued under the signature of the then Secretary of the Vidyalaya. Thereafter she was made substantive on the post of school teacher with effect from July 1,1975 and her pay was fixed at Rs. 395/- in the scale of Rs. 355-570/ -. Her present emoluments are stated to be Rs. 1,800/ -. It is alleged that the petitioner had worked satisfactorily for over 16 years. She was also appointed as Head Mistress in the said Vidyalaya. However, suddenly and arbitrarily the petitioner was removed from service of the School by order Annexure/3 issued on January 9, 1989. In Annexure/3, it is mentioned that in accordance with the directions of the Gurudwara Prabandhak Committee and Five-person Special Committee, the petitioner's services are terminated by paying to her one month's salary in advance.

(3.) A going-through of all the decisions, would go to show that in each of them the matter was governed by statute and a legal right was created in favour of the petitioner and also an obligation on the institution involved therein. In two Suppreme Court cases, since the institution received 95% to 100% government aid, they were regarded as State for the purpose of part-Ill of the Constitution. In the present case, respondent No. 5 is not at all receiving any aid from the Government. It has not been placed by the petitioner in the writ petition that it is receiving any financial aid from the Government. The learned counsel for the petitioner referred to certain rules issued by the Government for recognition of educational institutions. Firstly, it may be mentioned that they are not statutory rules and their status is nothing more than that of executive instructions. Secondly, even these rules do not create any right in favour of the petitioner and do not impose a statutory obligation oh respondents No. 4 and 5 to frame charges against a delinquent teacher, to hold a departmental enquiry, or to give a reasonable opportunity to the petitioner of being heard. Rather, Clause (xi) of these Rules provided that every teacher is employed under an agreement of service approved by the Department. Amongst other things, this agreement shall provide that any dispute arising between the parties shall be decided by an Arbitration Board consisting of one member nominated by each of the party to the dispute and a nominee of the Director of Education will act as Chairman of the Board. The decision of the Board shall be binding on both the parties. It is, thus, clear that the relationship of the petitioner with respondent No. 5 is regulated by an agreement of service. The petitioner does not have any statutory sta-tus and no statutory right of having a reasonable opportunity to defend against any charge levelled by the Vidyalaya Seva Sang. In contrast to this reference may be made to rules which govern disciplinary matters in relation to those institution which received financial aid from the Government. In respect of them, it has been provided in the relevant rules framed by the Government of Rajasthan that no employee will be removed from service or reduced in rank unless the charge against him is proved and he had been afforded an opportunity of being heard, The provisions in this regard are contained at page 31 of the Education Code in Hindi, published by the Unique Traders.