CWP 11554/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No.11554/2010 V.S. Rao Vs. Bishambhar Lal Maheshwari Foundation & ors. DATE OF ORDER : 20/08/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. RC Joshi, for petitioner. Instant petition has been filed against the order of the Education Tribunal declining to grant interim relief prayed for vide order dt. 14/07/2010 (Anx.7). The present petitioner, who is a Post Graduate with B.Ed., was appointed as Teacher Grade-II in the respondent No.1-institution. However, it was alleged that an advertisement was issued in 2004 for making selection for the post of Teacher Grade-I. However, the petitioner was selected and he was discharging duties but when he was not allowed to work and paid salary of the post of Teacher Grade I, he approached before the Education Tribunal by filing application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 and alongwith the said application, an application for interim relief was also filed by him seeking direction from the Tribunal to permit him to teach higher classes and also to pay salary of the post held as alleged. The learned Tribunal, after examining the CWP 11554/2010 [2] material, prima-facie, was not convinced to grant interim relief as prayed for and the application for interim relief was rejected vide order impugned dt.14/07/2010. It has been observed by the Tribunal that the petitioner was not able to prima facie make out a case for grant of interim relief as prayed for and obviously, in absence whereof, there was no occasion for the Tribunal to examine the other two facets for grant of interim relief. This Court has also gone through the order of Tribunal and do not find any error being committed by the Tribunal which may call for interference. However, counsel submits that since observations have been made by the Tribunal under order impugned, that may cause prejudice to the petitioner while examining the application on merits. What has been urged appears to be his apprehension but merely because the prayer for interim relief has been rejected by the Tribunal that will neither cause any prejudice nor come in the way of the Tribunal while examining the application filed by the petitioner on merit after the pleadings are complete. Consequently, writ petition is without substance and accordingly dismissed. [AJAY RASTOGI], J. Raghu-11554-CW-2010-final.doc