VEERENDR SINGH SIRADHANA,J. - (1.) Kashi Bai Chhagan Lal Zaveri Sr. Secondary School, Jaipur ('petitioner-employer', for short), is aggrieved of the judgement dated 4th March, 2002, passed by the Rajasthan Non-Government Educational Institution Tribunal, Jaipur (for short, 'the Tribunal') and therefore, has instituted the present writ petition, praying for the following relief(s) : "(a) the impugned judgement dated 4th March, 2002 passed by the learned Non-Government Educational Institution Tribunal, Jaipur may kindly be quashed and set aside. (b) the order passed by the petitioner dated 25.11.2000 may kindly be declared to be legally correct. (c) Any other appropriate order or direction which this Hon'ble Court may deem fit and proper any also kindly be passed in favour of the petitioner."
(2.) Shorn off unnecessary details, the indispensable skeletal material facts necessary for appreciation of the controversy are that the respondent-Teacher (Smt. Jaishree Dave), was initially appointed as 'Craft Teacher' on 15th July, 1993. Since she was allowed the pay-scale of Teacher Grade-Ill, she instituted proceeding before the Tribunal. The Tribunal made an order in favour of the respondent-Teacher holding that she was in possession of the necessary educational qualifications. On a challenge to the order made by the petitioner-employer, by institution of SBCWP No. 5 5691/1994, a Coordinate Bench of this Court, on 12th October, 1995, dismissing the writ application, held the respondent-Teacher to be in possession of the required educational qualifications and confirmed the order of the Tribunal dismissing the writ application with a cost of Rs. 2,000/-. The petitioner-employer, vide order dated 25th November, 2000, again terminated the services of the respondent-Teacher, which became subject matter of appeal before the Tribunal, adjudicated upon vide impugned order dated 4th March, 2002, whereby the order of termination of the respondent-Teacher, was found vitiated for non-compliance of Section 18 of the Rajasthan Non-Government Educational Institution Act, 1989 (for short, 'the Act of 1989').
(3.) Learned Senior counsel, Mr. R.K. Mathur, assisted by Mr. Ajay Tantia, reiterating the pleaded facts and grounds of the writ application, has assailed the legality, validity and correctness of the impugned order passed by the Tribunal, for the Tribunal committed a gross error of law and fact, while recording a finding that mandate of Section 18 of the Act of 1989, was complied with.;