This court dismissed an elderly writ petition filed by a former teacher seeking reinstatement in service and quashing of termination order. The petitioner had previously filed a civil suit and appealed before the Non-Governmental Education Institutions Tribunal. The court held the writ petition had no merits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 4612/2000
Mahavir Singh, Son Of Shri Radha Kishan Ji, aged about 69 years, Resident Of 63-B/691, Behind Deshraj Ji School, New Janta Colony, Agra (Since Deceased) Through Her Legal Heirs -
----Petitioners
Versus
----Respondents
For Petitioner(s) : None For Respondent(s) : Mr. M.M.Ranjan, Sr. Adv. with Mr. Lokesh Tiwari
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
05/02/2019
Nobody has been appearing in this case since long.
The writ petition is pending since 2000.
The petitioner by way of this writ petition has prayed as
under:
(2 of 3)
[CW-4612/2000]
“It is, therefore, humbly and respectfully prayed that
this Hon’ble Court may be pleased to accept and allow this writ petition of your humble petitioner and the impugned judgment of the learned Tribunal and the termination order so passed by the respondents be quashed and set aside and the petitioner may kindly be ordered to b e reinstated/ taken back in service with all consequential benefits.
Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may also kindly be granted to your humble petitioner.”
Brief facts which need to be noted are that the petitioner was appointed by Birla Education Trust, Pliani as a Senior Teacher in Biology in Birla M.P.H.S.School, Pilani on 2.6.1966. He was confirmed on the post on 9th July, 1967. His services were terminated on 16.12.1975. The petitioner has alleged against the Director of acting arbitrarily and having wrongfully passed an order of termination. The petitioner has challenged the order of termination on the ground that no notice of termination was given to the petitioner. Earlier, the petitioner had preferred a civil suit challenging his termination which was rejected and appeal thereto was also dismissed. Whereafter, he filed appeal before the NonGovernmental Education Institution Tribunal and the Tribunal vide its order dated 17.7.2000 rejected his appeal only that ground aid was not being given to the institute where the petitioner was working and therefore Rules for Payment Of Grant-in-Aid to Non-
(3 of 3)
[CW-4612/2000]
Government Educational, Cultural & Physical Education
Institutions, 1963 and the subsequent Non Government Education Institutions Act and Rules herein would not have an application.
In my considered view, the approach adopted by the Tribunal does not call for any interference. The petitioner was not working in aided institution. Even the Grant in Aid Rules 1963 did not govern the said Birla Schools.
The writ petition would not lie for claim after even filed a civil suit filed by the petitioner.
The writ petition is devoid of merits and is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Anu/89
3 issues framed by the court
Whether the writ petition seeking reinstatement in service after termination can be allowed.
Whether the writ petition is maintainable when a prior civil suit and appeal before the Tribunal were already filed and dismissed.
Whether the Tribunal order rejecting the appeal on the ground of non-application of Grant-in-Aid Rules should be interfered with.
Mahavir Singh
The Director, Primary Education, Bikaner
Birla Education Trust, Pilani
Shri B. C. Pandey
The Presiding Officer, Rajasthan Non-Governmental Education Institutions Tribunal, Bani Park, Jaipur
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
