SHIV KUMAR SHARMA, J. - (1.) THE petitioner (hereinafter described as 'Institution') seeks to quash the judgment dated January 8, 1996 (Annexure 19) of the Rajasthan Non -Government Educational Institutions Tribunal, Jaipur (for short Tribunal') whereby the application submitted by respondent Nos. 2 and 3 under Section 21 of the Rajasthan Non -Government Educational Institutions Act, 1989 (for short '1989 Act') was allowed and institution was restrained from terminating the services of respondent Nos. 2 and 3 without following the procedure mandated under Section 18 of the 1989 Act and Rule 39 of the Rajasthan Non -Government Educational Institutions Rules, 1993 (for short '1993 Rules').
(2.) THE Institution appointed respondent Nos. 2 and 3 as part -time teacher temporarily in the year 1993. In order to fill those two posts on regular basis interviews for selection were held on 15th February, 1995. The respondent Nos. 2 and 3 appeared in the interview alongwith other candidates but they were not found meritorious and two other meritorious candidates namely Narendra Kaur and Sashi Bhalla were selected against those two posts on which respondent Nos. 2 and 3 were temporarily appointed. Respondent Nos. 2 and 3 approached the Tribunal on the ground that compliance of Section 18 and Rule 39 was mandatory and services of respondent Nos. 2 and 3 could not have been terminated without making compliance of Section 18 and Rule 39. I have heard the submissions advanced before me and carefully scanned the material on record.
(3.) HAVING analysed the material on record, I find that this writ petition involves the elements of Articles 226 and 227 of the Constitution. Learned Tribunal not only ignored the conduct of respondent Nos. 2 and 3 but did not proceed within its parameters.;