UDAI SHANKAR GOSH AND ORS. Vs. THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-2-360
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 23,2015

Udai Shankar Gosh And Ors. Appellant
VERSUS
The Secretary, Department Of Education, Government Of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) We have heard learned counsel appearing for the appellants.
(2.) The appellants/petitioners were appointed and served as Lab Assistant, Librarian, Clerk, Teacher etc. in the Instrumentation Limited School, I.L. Colony, Kota, a private school, recognized by the Central Board of Secondary Education (CBSE). The school was run by a Society, named Instrumentation Limited School Society, Kota. The writ petition was filed by the petitioners with the prayers, to set aside the impugned order dated 27.03.2014, and for direction to the State Government to acquire the school and run it by itself, as well as to take steps to absorb the petitioners in the Government Schools as per their qualifications and present status. The writ petition was dismissed by learned Single Judge, on the ground that recognition was given by the CBSE to the school only upto 31.03.2011, and that the students strength had reduced from 2009-10 to 2013-14, which forced the Institution to close down the school.
(3.) Section 14 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short, 'the Act of 1989'), provides for closure of the recognized institutions. Sub-section (1) of Section 14 of the Act of 1989, provides as follows:- "14. Closure of recognized institutions. (1) No recognized institution or its class or the teaching of any subject therein shall be closed without a notice in writing to the Competent Authority. It shall have to be shown that adequate arrangements have been made for the continuance of teaching of the students for the entire remaining period of study for which the students had been admitted or for the refund of the remaining fees, if any, paid by the students.";


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