RATHORE, J. - (1.) AS common question of law and facts are involved in these two writ petitions, they are being heard and decided together by this common order.
(2.) THE petitioner in these writ petitions is a society registered under the Societies Act, 1958. THE petitioner society opened an Institution for deaf, dumb, blind and mentally retarded children for their betterment and upliftment and the same is a residential Institution. Learned counsel for the petitioner submits that since they are providing the basic education to such children to make them understand the basic things in life and to make them able to communicate and express themselves as well as to understand what others may be telling them. Thus, petitioner society is not engaged in imparting education to these children nor providing any certificate of diploma, degree or any academic distinction, but only making effort to inculcate the spirit of sense developing and a capacity to understand. The petitioner submitted an application to the Director of Education, Government of Rajasthan, Bikaner for affording recognition to the deaf and dumb school and the same was accorded vide order dated 21. 8. 1989. The controversy in this matter arises when services of Shri Rajendra Joshi-respondent No. 2 (in writ petition No. 1916/1996) and Shri Ram Swaroop Khati-respondent No. 2 (In writ petition No. 490/1996) were terminated. They filed applications before the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (For short the Tribunal ). The Tribunal allowed their applications vide order dated 15. 1. 1996 & 18. 4. 1995 and termination orders were set aside by the Tribunal with a direction to reinstate Shri Rajendra Joshi & Shri Ram Swaroop Khati in service. The petitioner mainly emphasise the contention that the orders passed by the Tribunal is beyond jurisdiction as the petitioner society does not fall within the definition of Non- Government Educational Institution as defined under Section 2 (p) of the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter to be referred as the Act of 1989 ). Learned counsel further submits that the Tribunal has seriously erred in holding that the petitioner society is a Non-Government Education Institution since it has been recognised by the District Education Officer, Bhilwara. The petitioner society is not imparting any education or preparing for training students for obtaining any certificate, degree, diploma or any academic distinction and recognition was given to the petitioner society (Special) Primary Level School. This recognition was only necessary for the purpose of receiving the aid from the Central Government as the Central Government provides the specialised equipment and accessories, which are necessary to be used by deaf and dumb children to make them understand and communicate themselves.
(3.) MR. Dalip Singh also referred various provisions of the Act of 1989 to establish his case that the petitioner Institution is not a recognised and aided Institution. Thus, the provisions of the Act of 1989 are not applicable and the judgment passed by the Tribunal is without jurisdiction. Learned counsel submits that since the petitioner Institution is not receiving any aid from the State Government within the meaning of `aid' under Section 2 (a), the petitioner cannot be considered as `aided institution' as defined under Section 2 (b ). The Section 2 (a) & 2 (b) reads as under :- 2 (a) "aid" means any aid granted to a recognised educational institution by the State Government. 2 (b) "aided institution" means a recognised institution which is receiving aid in the form of maintenance grant from the State Government. Mr. Dalip Singh further submits that as the petitioner Institution is not providing any degree, diploma or any academic distinction, the petitioner Institution cannot be termed as Non- Government Educational Institution. In this regard, he referred Section 2 (p) of the Act of 1989, which reads as under :- 2 (p) "non-Government educational institution" means any college, school, training institution 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, degree, 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; ;