JUDGMENT 1. - These special appeals are directed against the judgment dated 5th of ; November 1999 of the learned Single Judge deciding thereunder 12 writ petitions. Since all the appeals arise out of the common order of the learned Single Judge and the point involved therein is also identical. the same are taken up for hearing together and being decided by this common order. 2. The petitioner appellants in all the appeals are (1) Managing Committee, Tagore Vldhya Bhawan, Bani Park. Jaipur through its Secretary: (2) The secretary of Tagore Vidya Bhawan and (3) the Tagore Vidya Bhawan Society (Registered). The petitioner appellant, Tagore Vidya Bhawan Society is a registered Society which runs as many as 11 educational institutions at Jaipur. In the meeting of the Managing Committee held on 5th of December, 1998 a decision was taken keeping in view the gradual decrease in the number of students, to abolish surplus posts of Teachers which were assessed twenty. In pursuance of the decision aforesaid of the Managing Committee, the services of twenty surplus teachers were ordered to be dispensed with from 11th of December, 1998. The affected teachers filed Applications before the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur challenging therein the order of the Managing Committee dispensing with their services. The learned Tribunal under its order dated 30.6.1999 allowed the applications and set aside the order dated 5.12.1998. The petitioner appellants were directed to reinstate those teachers in the service with all consequential benefits. That decision of the Tribunal was challenged by the petitioner appellants in aforesaid 12 writ petitions Under 'he impugned order the learned Single Judge dismissed the writ petitions, hence these special appeals. 3. The teamed counsel for the petitioners appellants relying on the decision of the Division Bench in the case of Educational Society of Sophia High School & Others v. Rajasthan Non-Government Educational Institutions Tribunal & Others, 2003 WLC (UC) 638 contended that compliance of the provisions of Section 18 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short, 'the Act, 1989') need not be made in the cases of the Educational Institutions which are not receiving any grant-in-aid from the Government. It is submitted that the Society is not receiving any grant-in-aid in respect of the educational institutions in question end thus the learned Tribunal as well as the learned Single Judge have committed serious illegality in granting relief in favour of the respondent teachers. 4. In contra Shri D.P. Sharma, the learned counsel for the respondent Teachers, submitted that the educational institution in question, of the appellant Society was receiving grant-in-aid and thus the learned Tribunal has rightly decided the matter in favour of the respondent teachers. Undisputedly Shri Sharma submitted that the termination of the services of the respondent achers has been made without taking prior approval of the Director, Education Department, Government of Rajasthan. It is urged that this aspect of the matter has been considered by the learned Tribunal as well as by the learned Single Judge. For applicability of Section 18 of the Act. 1989 it is not necessary that the concerned education institution is receiving grant-in-aid. Section 18 of the Act, 1989, in his submission, applies to the recognised educational institutions and admittedly the educational institutions, in question, are recognised institutions. 5. We have given our anxious and thoughtful consideration to the rival contentions advanced by the learned counsel for the parries. 6. In the case of Educational Society of Sophia High School & Others v. Rajasthan Non-Government Educational Institutions Tribunal & Others (supra) the Division Bench of this Court held that Section 18 of the Act, 1989 is attracted in the case of termination of the services of the teachers of aided educational institutions i.e. the Non-Government Educational Institutions receiving grant- in-aid from the Government. In view of this decision we are of the considered opinion that the matter deserves is reconsideration by the learned Tribunal. 7. The learned counsel for the petitioner appellants contended that the educational institutions in question are non-aided whereas Shri Sharma the learned counsel for the respondents teachers contended that .- same are aided Institutions. Whether a given institution is receiving grant-in-aid from the Government or not is a question of fact and it has to be decided first by the learned Tribunal. Whether a given institution is receiving grant-in-aid from the Government or not is a question of fact and it has to be decided first by the learned Tribunal. The learned Tribunal as well as the learned Single Judge have not given any finding on the point whether the educational institutions, In question, are receiving grant-in-aid or not and rested their decisions on the point that Section 18 of the Act, 1989 is applicable to the Government recognised non-government educational institutions. 8. As a result of the aforesaid discussion the appeals succeed and the same are allowed. The judgment dated 5.11.1999 of the learned Single Judge in the writ petitions is quashed and set aside. The judgment of the learned Tribunal on the Applications filed by the respondents Teaches are also quashed and set aside. The learned Tribunal is directed to restore all the applications of the respondent teachers of their original number and decide the same afresh after considering the decision of the Division Bench of this Court in the case of Educational Society of Sophia High School & Others v. Rajasthan Non-Government Educational institutions Tribunal & Others (supra) as well as the observations made in our judgment. 9. In view of this order the stay applications, filed along with the appeals, also stand disposed of 10. In the facts of the cases the parties are left to bear their own costs.Appeal Allowed - Judgments of Single Judge Set Aside, Case Remanded to Tribunal. *******