Mohammad Rafiq, J. - (1.) This special appeal has been directed against the Order dated 28.4.2006, dismissing the writ petition, observing that the appellant has got efficacious remedy of filing appeal before the Rajasthan Non-Government Educational Institutions Tribunal and in view of availability of alternative remedy of appeal, the writ was held to be not maintainable.
(2.) The appellant then preferred a Review Petition on the ground that the cause of action to file writ petition accrued to the appellant on 1st July, 1992, whereas the Rajasthan Non-Government Educational Institutions Act came into force in the State of Rajasthan w.e.f. 1st July, 1993, vide Notification dated 4th July,m 1992. According to the provisions contained in Section 18 of the said Act, right to appeal would be available to the employees of recognized institutions only if cause of action to do so has arisen on any date subsequent thereto. The Act being prospective in nature, appeal before the Tribunal would not be maintainable.
(3.) Mr. Sriniwas Pathak, representing the respondent has opposed the appeal.;