The Rajasthan High Court has affirmed that even temporary teachers have the right to appeal their termination under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989. Justice Anoop Kumar Dhand clarified that Section 18, which outlines the procedure for removal, dismissal, or reduction in rank of employees, is applicable to all employees—temporary or regular.

“The Act of 1989 and the Rules of 1993 are social legislation aimed to prevent arbitrary actions by school managements,” the Court noted.

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The case arose when multiple managing committees of private schools challenged an order by the Rajasthan Non-Government Educational Tribunal. The Tribunal had reinstated several teachers terminated without proper procedure.

Petitioners argued that the teachers were hired on fixed-term contracts, without regular recruitment procedures. Thus, they claimed Section 18 and the appeal under Section 19 did not apply.

However, the High Court rejected this argument, stating:

“Employee under Section 2(i) includes any teacher or staff, regardless of permanent or temporary status.”

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The Court emphasized that Rule 39 of the Rajasthan Non-Government Educational Institutions Rules, 1993 read with Section 18 of the Act mandates a process even for temporary staff:

“Temporary employees cannot be removed without six months’ notice or salary in lieu, and prior approval from the Director of Education.”

Importantly, the Court reiterated the principle "Ubi jus ibi remedium"—where there is a right, there must be a remedy. The Court held that denying appeal rights to temporary staff would go against this fundamental legal principle.

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Justice Dhand stated:

“The Act intends to safeguard against malpractices by school managements. Termination without following Section 18 is illegal, and appeal under Section 19 is maintainable.”

In conclusion, the High Court dismissed all petitions filed by school managements and upheld the Tribunal’s decision to reinstate the terminated teachers.

Title: Managing Committee, D.A.V. Uchh Madhyamik Vidayalaya v Saurabh Upadhayaya, and other connected petitions