SURESH CHAND GARG Vs. SHRI SANATAN DHARM UCHHA MADHYAMIC VIDHYALAYA

JUDGEMENT

(1.) The function of the court is to apply the law as it stands. May be the court notices the anomalies. But it is not for the court to rewrite the law even though the court considers the provisions as they stand to be unreasonable.

(2.) In the light of the above settled legal position, I proceed to examine the provisions contained in the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as the Act). The Act has been enacted to provide for better organisation and development of education in the Non-Government educational institution in the State of Rajasthan. Sec. 18 of the Act is about removal, dismissal or reduction in rank of employee. It provides that :

(3.) The short question which now arises for consideration is as to whether the provisions of the Act are applicable to the suits pending in the civil court on the date of promulgation of the Act ?