Introduction:

In the case of Abdul Rahim v. The Managing Committee & Ors. (2025 LiveLaw (Raj) 190), The Rajasthan High Court addressed the termination of a teacher employed since 1993 at a recognised and aided school. In 1999, his services were terminated without adherence to the procedures outlined in the Rajasthan Non-Government Educational Institutions Act, 1989, and the accompanying Rules of 1993. The institution contended that the petitioner was not appointed against a sanctioned post and thus was not entitled to protections under Section 18 of the Act.

Judgement:

Justice Anand Sharma, presiding over the case, emphasised that the definition of “Aided Institutions” under Section 2(c) of the Act includes any institution receiving a maintenance grant, thereby classifying the entire institution as aided, regardless of whether specific posts receive direct aid. The court further clarified that recognised institutions, irrespective of their aid status, are bound by the mandates of Section 18, which prescribes the procedure for the removal, dismissal, or reduction in rank of employees.

The court criticised the institution’s arbitrary termination practices, highlighting that non-government educational institutions, while benefiting from state aid and recognition, are legally obligated to comply with statutory provisions. The judgment underscored the importance of providing job security to teaching and non-teaching staff to ensure the delivery of quality education.

Consequently, the court ruled the petitioner’s termination illegal and arbitrary, ordering his reinstatement. This decision reinforces the legal protections afforded to employees of recognised educational institutions and underscores the necessity for such institutions to adhere strictly to established legal procedures in employment matters.