IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR JUDGMENT in D.B. Civil Special Appeal (Writ) No.826/2006 Smt. Beena Sharma V/s The State of Rajasthan and others Date of Order :: 8.9.2010. HON'BLE THE CHIEF JUSTICE MR.JAGDISH BHALLA HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None for the appellant. Mr. Sriniwas Pathak, Block Education Officer for the respondents ***** BY THE COURT; This special appeal has been directed against the Order dated 28.4.2006, dismissing the writ petition, observing that the appellant has got efficacious remedy of filing appeal before the Rajasthan Non-Government Educational Institutions Tribunal and in view of availability of alternative remedy of appeal, the writ was held to be not maintainable. The appellant then preferred a Review Petition on the ground that the cause of action to file writ petition accrued to the appellant on 1st July, 1992, whereas the Rajasthan Non- Government Educational Institutions Act came into force in the State of Rajasthan w.e.f. 1st July, 1993, vide Notification dated 4th July,m 1992. According to the provisions contained in Section 18 of the said Act, right to appeal would be available to the employees of recognized institutions only if cause of action to do so has arisen on any date subsequent thereto. The Act being prospective in nature, appeal before the Tribunal would not be maintainable. Mr. Sriniwas Pathak, representing the respondent has opposed the appeal. On perusal of memo of appeal, we find that cause of action to file writ petition accrued to the appellant on 1st July, 1992 when she went to attend her duties on reopening of the School after summer vacations and she was not allowed to joint her duties, despite the fact that the appellant was serving the respondent institution right from 1st July, 1988. Contention of the appellant that she did not have the right to file appeal before the Tribunal deserves to be accepted, We are not persuaded to agree with the view point expressed by the learned Single Judge that the writ petition was liable to be dismissed on account of availability of alternative remedy of filing appeal This appeal, therefore, succeeds and is hereby allowed. The impugned judgment is set aside and the matter is remanded back to the Tribunal for deciding the writ petition on merits. (Mohammad Rafiq),J. (Jagdish Bhalla),CJ. Thanvi/