- (1.) By this writ petition, a challenge is made to the order dated 8.11.2004 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short "Tribunal") whereby the order of termination of respondent is held to be illegal, thus set aside. Learned counsel for the petitioner-Institution submits that the Tribunal failed to consider an objection, which goes in root of the case. The respondent-employee filed an appeal without impleading Shree Digamber Jain Senior Secondary School, Sikar as a party respondent. The objection aforesaid has not been dealt with by the Tribunal, though specifically raised and argued before it. In absence of necessary party, the impugned order vitiates.
(2.) A reference of judgment in the case of Ranjeet Mal v. General Manager, Northern Railway Baroda House, New Delhi & Anr., 1977 AIR(SC) 1701 has been given wherein without impleadment of Union of India as a party respondent, the writ petition was filed against the Railway Board was held to be improper.
(3.) The second argument of learned counsel for the petitioner -- Institution is that under Clause (iii) of second proviso to Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short "Act of 1989"), prior consent of the Director, Education is not required as otherwise mandated in first proviso to Section 18 of the Act of 1989. The Tribunal failed to make distinction between two provisions and construed Clause (iii) of second proviso of Act of 1989 to provide prior consent of the Director whereas the word "prior", is not mentioned in the provision. Further, instead of taking note of the word "consent" used in the aforesaid provision, the word "approval" has been considered and thereby, it was held that order was passed without approval of the Director, Education. Thus, on that ground also, the impugned order deserves to be set aside.;