Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.

In this case, the appellant was terminated from service after conducting a disciplinary proceedings under provisions of the Rajasthan Non-Governmental Educational Institutions Act, 1989. The Tribunal set aside the order of termination by observing that the prior approval of the Director of Education as mandatory under Section 18 was not obtained. The Division Bench of Rajasthan High Court set aside this order passed by the Tribunal and upheld the order of termination.

In appeal, The Apex Court, noted that, in Raj Kumar Vs. Director of Education and Ors., (2016) 6 SCC 541, while considering pari materia provisions of the Delhi School Education Act, it was held that before termination of an employee, prior approval of the Director of Education is mandatory and required.

The court observed that the Division Bench of the High Court has seriously erred in not following the binding decision.

"Judicial discipline also requires that the judgment/decision of this Court should be considered and read thoroughly. As observed hereinabove, the decision of this Court in the case of Raj Kumar (supra) was binding upon the High Court. Therefore, the Division Bench of the High Court has seriously erred in not following the decision of this Court in the case of Raj Kumar (supra).", the court said.

While allowing the appeal, the bench further added:

"We are of the opinion that in case of termination of an employee of a recognized institution prior approval of the Director of Education or an officer authorised by him in this behalf has to be obtained. In Section 18, there is no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry,,,. The words used are “no employee of a recognized institution shall be removed without holding any enquiry and it further provides that no final order in this regard shall be passed unless prior approval of the Director of Education has been obtained.” The first part of Section 18 is to be read along with first proviso..", the bench observed.

The bench therefore restored the order of Tribunal setting aside the order of termination.

Case details

Gajanand Sharma vs Adarsh Siksha Parisad Samiti | 2023 LiveLaw (SC) 48 | CA 100-101 OF 2023 | 19 Jan 2023 | Justices M R Shah and C T Ravikumar

For Appellant(s) Mr. Pradeep Aggarwal, Adv. Mr. Lal Pratap Singh, Adv. Mr. Ankit Sethy, Adv. Mr. Arjun Aggarwal, Adv. Mr. Umesh Pratap Singh, Adv. Mr. Bhaskar Aditya, Adv. Mr. Vishal Singh, Adv. Ms. Ruchi Kohli, AOR;

For Respondent(s) Mr. Nikhil Singhvi, Adv. Mr. Pahlad Singh, Adv. Ms. Shraddha Deshmukh, AOR Mr. Mohit Seth, Adv. Mr. Bilal Ikram, Adv. Mr. Shikhar Kishore, Adv.

Headnotes

Rajasthan Non-Governmental Educational Institutions Act; Section 18 - Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 -  In Section 18, there is no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry - Referred to Raj Kumar Vs. Director of Education and Ors., (2016) 6 SCC 541. (Para 5-6)

Interpretation of Statute - The provisions of the statute are to be read as they are. Nothing to be added and or taken away. 

Precedent - Judicial discipline also requires that the judgment/decision of this Court should be considered and read thoroughly. (Para 5.1)

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