KHETRI VIKAS SAMITI versus DIRECTOR COLLEGE EDUCATION, GOVERNMENT OF RAJASTHAN & ORS.

KHETRI VIKAS SAMITI versus DIRECTOR COLLEGE EDUCATION, GOVERNMENT OF RAJASTHAN & ORS.

Removal of employees due to abolition of unaided posts, where appointments were not approved by the Education Department, does not require prior approval of Director Education under Section 18 of the Act or compliance with Rule 39. Tribunal and High Court erred in applying said provisions. The abolition of posts was a bona fide administrative decision necessitated by financial constraints, unchallenged and not proved to be mala fide.

Parties
Appellant: Khetri Vikas Samiti; Respondents: Director College Education, Government of Rajasthan & Ors.; Respondents: Private respondents (Assistant/Lab boy, sweeper, waterman, mechanic)
Jurisdiction
India
Judgment Date
09 May 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeals allowed; judgments and orders of Tribunal, Single Judge and Division Bench of High Court quashed and set aside.
Legal Topics
Termination of Employment Due to Abolition of Posts, Requirement of Prior Approval for Termination, Application of Section 18 Rajasthan Non Government Educational Institutions Act, 1989
Education Law Labour and Employment Termination of Employment Due to Abolition of Posts Requirement of Prior Approval for Termination Application of Section 18 Rajasthan Non Government Educational Institutions Act, 1989

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Parties

Khetri Vikas Samiti

Appellant

Director College Education, Government of Rajasthan & Ors.

Respondents

Private respondents (Assistant/Lab boy, sweeper, waterman, mechanic)

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 and Rule 39 of the 1993 Rules apply to removal due to abolition of posts
  2. 2 Whether prior approval of State authorities is required for removal due to abolition of unaided posts
  3. 3 Whether the abolition of posts by the management was valid under law

Ratio Decidendi

Removal of employees due to abolition of unaided posts, where appointments were not approved by the Education Department, does not require prior approval of Director Education under Section 18 of the Act or compliance with Rule 39. Tribunal and High Court erred in applying said provisions. The abolition of posts was a bona fide administrative decision necessitated by financial constraints, unchallenged and not proved to be mala fide.

Court Disposition

Appeals allowed; judgments and orders of Tribunal, Single Judge and Division Bench of High Court quashed and set aside.

Orders

  • Quashing and setting aside impugned orders of Division Bench, Single Judge and Tribunal.
  • No reinstatement of removed employees required.