G.L. Gupta, J. - (1.) -The petitioner was appointed as teacher in the V. V. John Memorial School, Jodhpur on 1-7-95 on a pay of Rs. 2475 per month. Her services were terminated on 11th March, 1998 on account of incompetency in work, very poor English and outrageous insubordination.
(2.) The petitioner's case is that the order amounts to stigma on the conduct of the petitioner and as it has been passed without following the principles of natural justice, there is violation of Section 18 of the Rajasthan Non-Governmental Education Institutions Act, 1989 (for short, 'the Act of 1989'). It has been averred that though there is Educational Tribunal but appeal to that Tribunal is not an equally efficacious remedy inasmuch as that there is only one Tribunal which is located at Jaipur and the petitioner is not in a position to pursue the matter in the Tribunal located at Jaipur. It has been further averred that since there is only one Tribunal located at Jaipur, it amounts to denial of right of judicial review to the petitioner and the Teachers who are low paid persons and can hardly afford the luxury of visiting Jaipur every now and then for the purpose of pursuing case before the Tribunal and, therefore, the remedy provided under Section 19 of the Act of 1989 is not efficacious alternative remedy and the petitioner is entitled to maintain this petition. It has been prayed that the order dated 11th March, 1998 may be quashed and the respondent-State be directed to locate an Educational Tribunal at Jodhpur.
(3.) Mr. Mridul, learned Senior Advocate, contended that since the principles of natural justice have been violated, this Court should entertain the petition even though there is alternative remedy available to the petitioner.;