- (1.) These three intra-court appeals have been placed before this Bench by the orders of Hon'ble the Chief Justice for a reference having been made by a Division Bench of this Court on the question of applicability of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 [hereinafter referred to as 'the Act'/'the Act of 1989'] in the case of removal or termination of services of the employee of an unaided recognised educational institution. The Hon'ble Division Bench hearing these appeals was of the view that there had been conflict of opinions in different Division Bench decisions on the question aforesaid and observed in its reference order dated 14.1.2008 as under: Heard learned Counsel for the parties. Learned Counsel for the appellants has relied upon a Division Bench judgment of this Court in Educational Society of Sophia High School and Ors. v. Raj. NonGovt. Educational Ins. Tri. and Ors.,2003 WLC(Raj) 638. On the other hand, learned Counsel for the private respondents relied upon another Division Bench judgment of this Court in Managing Committee Through Chairman (Brig.) Dy. G.O.C. Army School and Anr. v. Smt. Pushpa Sharma and 4 Ors.,2006 3 WLC(Raj) 504 and Saint Meera Brotherhood Society v. State of Rajasthan and Ors., 2006 1 WLC(Raj) 677 In our view, from the reading of the three judgments, there appears to be apparent conflict of opinion between the different Division Benches on the question about applicability of Section 18 in the matter of removal and termination of services of recognized but un-aided educational institutions. In our view, the matters are required to be and are referred to Hon'ble the Chief Justice for constitution of appropriate Larger Bench, to decide the question as to whether requirement of Section 18 is attracted even in case of un-aided recognized educational institutions. The Relevant Provisions
(2.) In view of the questions calling for determination in this reference, appropriate it shall be to take note, at the outset, of Section 18 and the other relevant provisions as contained in the Act of 1989. Section 18 reads as under: 18. Removal, dismissal or reduction in rank of employees.-Subject to any rules that may be made in this behalf, no employee of a recognized institution shall be removed, dismissed or reduced in rank unless he has been given by the management a reasonable opportunity of being heard against the action proposed to be taken: Provided that no final order in this regard shall be passed unless prior approval of the Director of Education or an officer authorised by him in this behalf has been obtained: Provided further that this section shall not apply,- (i) to a person who is dismissed or removed on the ground of conduct which led to his conviction on a criminal charges, or (ii) where it is not practicable or expedient to give that employee an opportunity of showing cause, the consent of Director of Education has been obtained in writing before the action is taken, or (iii) Where the managing committee is of unanimous opinion that the services of an employee can not be continued without prejudice to the interest of the institution, the services of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing.
(3.) The relevant definitions as contained in Section 2 of the Act of 1989 read as under: (a) "aid" means any aid granted to a recognised educational institution by the State Government. (b) "aided institution" means a recognised institution which is receiving aid in the form of maintenance grant from the State Government. (c) "Board" means the Board of Secondary Education, Rajasthan or the Central Board of Secondary Education, Delhi and shall include the Council for the Indian School Certificate Examination; (d) "non-Government educational institution" means any college, school, training institute or any other institution, by whatever name designated, established and run with the object of imparting education or preparing or .training students for obtaining any certificate, decree, diploma or any academic distinction recognized by the State or Central Government or functioning for the educational, cultural or physical development of the people in the State and which is neither owned nor managed by the State or Central Government or by any University or local authority or other authority owned or controlled by the State or Central Government; (e) "recognised institution" means a non-Government educational institution affiliated to any University or recognised by the Board. Director of Education or any officer authorised by the State Government or the Director of Education in this behalf;;