S.B. CIVIL WRIT PETITION No. 7151 of 2002 · Rajasthan High Court

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Babu Lal Gupta for the petitioner. Mr. C.P.Sharma for the respondent (s). Heard learned counsel for the parties. This writ petition has been filed challenging the judgment of learned Rajasthan Non-Government Educational Institutions Tribunal, Rajasthan, Jaipur dated 1.5.2001 by which the appeal of the petitioner was dismissed. Shri Babu Lal Gupta, learned counsel for the petitioner argued that service of the petitioner was arbitrarily terminated and such termination was illegal even according to the terms of appointment order one month notice prior to terminating the services of the petitioner or in lieu thereof notice pay of one month is required to be given. It was contended that members of the respondent-institution has no competence to terminate the petitioner and that approval of the Director, Education Department in terms of Section 18 of 2 the Rajasthan Non-Government Educational Institutions Act, 1989 was not sought for. Shri C.P.Sharma, learned counsel for the respondents has opposed the writ petition and submitted that the petitioner was appointed only for one academic sessions on payment of fixed salary and on ad hoc temporary basis with the lapse of time the period has came to an end. Learned counsel relied on the judgment of Supreme Court in Director, Institute of Management Development, U.P. Vs. Pushpa Srivastava : 1992 (4) SCC, 33. Having heard the learned counsel for the parties and perused the material available on record, I find that Tribunal has dismissed the appeal of the petitioner relying on the judgment of Supreme Court in Smt. Rajkumari Sasil Vs. Management Committee Laxmi Narain Bhagwati Devi Vidhya Mandir Girls Higher Secondary School : 1998 (2) SCC, 461 and Devision Bench judgment of this Court in Agrawal Shiksha Samiti Vs. State of Rajasthan & Ors. : DB Civil Special Appeal No.549/1995 decided on 4.3.1998. Apart from these two judgments, view that has been taken by the Tribunal finds support from the ratio of the Supreme Court judgment in Director, Institute of Management Development U.P. (supra) in which it has been held that if appointment has 3 come to an end, the appointee would no right for regularisation of service after expiry of period of six months. I, therefore, do not find any error in the impugned order date