CW 4525/99 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4525/99 Ryan International School Managing Committee Versus Smt. Amita Saxena & Ors. DATE OF ORDER : 25/03/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. A.K. Sharma, for petitioner Mr. Shiv Lal Meena, Dy.G.A., for State *** Instant petition has been filed by petitioner-institution assailing order of Non- Government Educational Institutions Tribunal, Jaipur dated 8th July, 1999 [Ann.4] whereby their verbal termination, which has been given effect to w.e.f. 1st April, 1997, was quashed and set aside and institution was directed to grant all consequential benefits to respondent No.1- appellant. Counsel for petitioner submits that two appeals were preferred – one by Smt. Amita Saxena & another by Smt. Beena Roy – both were decided by a common order dated 8th July, 1999 and so far as C.W. No.4524/99 preferred by institution against Smt. Beena Roy is concerned, the same was allowed and order of Educational Tribunal has been set aside. Counsel further submits that present petition is also identical and on the same facts except date of order of oral appointment of respondent-appellants before the Tribunal was slightly different, but on the premise on which learned Tribunal has examined their verbal termination, this court in the judgment referred to supra came to the conclusion CW 4525/99 [2] that once their services were never terminated/dispensed with and even they were offered to join, if so desired, still they have not turned up that certainly shows that they have voluntarily abandoned their job and in such circumstances, there was no occasion for petitioner to comply with the requirement of Section 18 of the Act, 1989 and Rule 39 of the Rules, 1993 framed thereunder. Despite service being effected through paper publication upon respondent No.1, no one has turned up on her behalf. The institution being unaided recognized institution, certainly the Government has no role in such matters since the dispute is between Teacher and the Institution. In view of judgment passed by this court in C.W. No.4524/99 on 18th October, 2006, present writ petition stands allowed and the order of Educational Tribunal dated 8th July, 1999 passed in Appeal No.110/97 also stands quashed and set aside. No order as to costs. [AJAY RASTOGI], J. FRBOHRA4525CW1999 25-3.doc