& Ors Vs. Sri Venkateswara Hindu College of Engineering & ANR  INSC 210 (21 February 1997)
RAMASWAMY, S. SAGHIR AHMAD
O R D E
learned counsel for both the parties.
appeal by special leave arises from the judgment of the High Court of Andhra
Pradesh, made on April
23, 1996 in W.A. No.
179 of 1996.
admitted position is that the appellant and six others had been appointed on
daily wages to the post of Lab Assistants as non-teaching staff of the
respondent-private college. They were being paid daily wages. Writ petition and
appeal seeking equal pay having been dismissed, they have filed the present
appeal for direction to pay them equal pay for equal work on par with the other
not in dispute that executive instructions issued by the Government have given
them the right to claim the pay scales so as to be on par with the Government
employees. The question is: when there is no statutory values issued in that behalf,
and the Institution, at the relevant time, being not in receipt of any
grant-in-aid; Whether the writ petition under Article 226 of the Constitution
is not maintainable? In view of the long line of decisions of this Court
holding that when there is a interest created by the Government in a
Institution to impart education, which is a fundamental right of the citizens,
which is a fundamental right of the citizens, the teachers who teach the
education gets an element of public interest in the performance of their
duties. As a consequence, the element of public interest requires to regulate
the conditions of service of those employees on bat with Government employees.
In consequence, are they also not entitled to the parity of the pay scales as
per the executive instruction so the Government? It is not also in dispute that
all the persons who filed the writ petition along with the appellant has later
withdrawn from the writ petition and thereafter the respondent-Management paid
the salaries on par with the Government employees. Since the appellants are
insisting upon enforcement of their right through the judicial pressure, they
need and seek the protection of law. we are of the view that the State has
obligation to provide facilities and opportunities to the people to available
of the right to education. The private institutions cater to the needs of the
educational opportunities. The teacher duly appointed to a post in the private
institution also is entitled to seek enforcement of the orders issued by the
Government. The question is as to which forum on should approach. The High
Court has held that the remedy is available under the Industrial Disputes Act. when
an element of public interest is created and the institution is catering to the
element, the teacher, the arm of the institution is also entitled to avail of
the remedy provided under Article 226: the jurisdiction part is very wide. It
would be different position, if the remedy is a private law remedy. so, they
cannot be denied the same benefit which is available to others. Accordingly, we
hold that the writ petition is maintainable. They are entitled to equal pay so
as to be on par with Government employees under Article 39(d) of the
appeal is accordingly allowed. The writ is issued.
the circumstances without costs.
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