Veerender Singh Siradhana, J. - (1.) Aggrieved of the order dated 31st March, 1998, passed by the Rajasthan Non -Government Educational Institutions Tribunal, Jaipur (for short 'the Tribunal'), declining to interfere with the order of termination dated 31st May, 1996; the petitioner has approached this Court praying for the following relief(s): - - "(A) by an appropriate writ, order or direction the judgment dated 31.3.98 (Annx.4) passed by the learned Tribunal in appeal No. 136/96 be quashed and set aside; (B) by an appropriate writ, order or direction the order of termination dated 31.5.96 passed by the Respondent No. 4 may be quashed and set aside and the same may also be declared as null and void; (C) by an appropriate writ, order or direction the Respondent No. 4 may also be directed to make payment of difference amount of salary and allowances, which have been lesser paid to the petitioner from his due amount as per the provisions of law from the date of his initial appointment. (D) cost of the writ petition be also be awarded to the petitioner; (E) Any other beneficial order or direction which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner."
(2.) The skeletal material facts necessary for appreciation of the controversy raised herein are that the petitioner was appointed by the Management of respondent number 4 (Nitin Public School, Jaipur), vide order dated 25th June, 1994, on a fixed remuneration of Rs. 1,100/ - for the academic session 1994 -95, purely on temporarily basis. The order of appointment further stipulated a condition that the untrained candidates will have to acquire the required teacher's training qualification within two years. By another appointment order dated 26th June, 1995, the petitioner was again appointed for academic session 1995 -96, on a fixed remuneration of Rs. 1,250/ - purely on temporary basis upto 31st May, 1996, with a specific stipulation to the effect that the appointment was on contract basis and was subjected to termination at any time. Untrained Teacher was required to acquire the essential educational qualification within one year and failure to do so, would entail cancellation of the appointment. On a consideration of the pleaded facts, response filed by the Management of Nitin Public School, Jaipur (respondent number 4), evidence and materials available on record; the Tribunal, vide impugned order dated 31st March, 1998, concluded that the petitioner was not in possession of the required 'Teacher's training' qualification, being an untrained Teacher, and therefore, the action of the Management respondent -Institute in terminating the employment of the petitioner could not be faulted.
(3.) Learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, has challenged the impugned order dated 31st March, 1998, passed by the Tribunal on two grounds. Firstly, for non -compliance of the mandate of Sec. 18 of the Rajasthan Non -Government Educational Institutions Act, 1989 (hereinafter referred to as the 'Act of 1989', for short), and Rule 39 of the Rajasthan Non -Government Educational Institutions Rules, 1993 (hereinafter referred to as the 'Rules of 1993', for short); and Secondly, for not according pay scale to the petitioner admissible to his counterparts in the Government Schools and/or Aided Institutions.;