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2008 DIGILAW 2617 (RAJ)

Madhu Jaisinghani v. The Rajasthan Non Government Educational Institutions Tribunal, Jaipur

2008-12-01

MOHAMMAD RAFIQ

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. The petitioner is seeking to challenge the judgment of the Rajasthan Non Government Educational Institutions Tribunal dated 08.06.2001 whereby her appeal was dismissed by the aforesaid Tribunal as non-maintainable. 3. The. Tribunal rejected the appeal holding that the respondent School was not a recognised school for the purpose in the meaning of Section 2(c) of the Rajasthan Non-Government Educational Institutions Act, 1989. 4. The learned counsel for the petitioner has produced on record a certified copy of the judgment of the very same Tribunal dated 6th June, 2001 (Annex. 7) wherein two appeals filed against the respondent herein by Smt. Manju Bhatnagar and Smt. Mamta Rani were decided on merits and were not rejected on the ground of non-maintainability. In fact, perusal of the aforesaid judgment shows that the very same Presiding Officer, who dismissed the appeal of the petitioner as not maintainable, in para 15 of this judgment specifically overruled such objection and held that the appeal is maintainable. It is informed that this judgment dated 6th June, 2001 was challenged before this court both in the Single Bench and also before the Division Bench and was upheld in part. But, so far as the maintainability aspect is concerned, findings of the Tribunal were not disturbed. 5. In view of above, the impugned judgment dated 8th June, 2001 passed by the Rajasthan Non-Government Educational Institutions Tribunal cannot be sustained and accordingly it is set aside. The matter is remitted back to the learned Tribunal for deciding the appeal afresh on merits as expeditiously as possible but in no case later than six months from the date of the production of certified copy of this judgment before the Tribunal.The writ petition is allowed with the aforesaid directions.Writ Petition Allowed. *******