Mr. Arun Madan, J. - (1.) The controversy which has arisen for consideration of this court between the parties to this writ petition, briefly stated, is that the petitioner was appointed as Head Mistress (Second Grade) vide order, dated 22nd September, 1973 (Annexure 1) in Bal Niketan Vybasthapak Samiti, Bundi (non-petitioner No. 3).
(2.) Bal Niketan Vysthapak Samiti Respondent No. 3 (hereinafter referred to as the Society') is a registered body under the Rajasthan Societies Registration Act, 1960 and has framed its own constitution containing Rules for its governance, day-to-day functioning and administration. This is an aided institution having received grant-in-aid for the Government of Rajasthan under the Grant-in-aid to Educational & Cultural Institutions Rules, 1963 (for short the Rules of 1963'). In the year 1973 the post of Head Mistress (Second Grade) was advertised in daily newspaper and the petitioner applied for the same on 13th June, 1973. She was selected and appointed as Head Mistress of the School on the basis of interview conducted by the said society vide order, dated 22nd September, 1973 (Annexure 1) and the term of appointment was upto 15th May, 1974.
(3.) The post of Head Mistress was sanctioned only for Montessory Trained teachers pursuant to the order of Director of Primary and Secondary Education, Bikaner and consequently the petitioner was allowed to work as Head Mistress Third Grade vide order, dated 2nd August, 1974 (Annexure 2) contrary to her order of appointment as aforesaid by which she was appointed as Head Mistress Second Grade. Consequently vide order, dated 13th December, 1978 the petitioner was confirmed as Head Mistress Third Grade w.e.f. 1.11.1978 vide Annexure 3. Since there was no other candidate available with the respondent society who had qualification and requisite training as a montessory trained teacher, the management of the society referred the matter to the Inspector of Schools (Women Education) for relaxation of the said requirement vide communication dated 7.3.1979 (Annexure 4). Ultimately the matter was examined at higher administrative level and by an order, dated 14.1.1981 the Director, Primary and Secondary Education, Bikaner sanctioned the post of teacher Second Grade in favour of the petitioner for the academic Session 1980-81 and thereafter an order, dated 14th Jan., 1981 was passed by the society by which the services of the petitioner were terminated w.e.f. 1.5.1981 vide Annexure 6. Subsequently the managing committee of the society in its meeting convened on 30th April, 1981 examined the whole matter afresh and decided to re-call the earlier order, dated 28.3.1981 by which the services of the petitioner were terminated and the petitioner was accordingly reinstated in service in the same capacity.;