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PETITIONER: K. KRISHNAMACHARAYULU & ORS.

       Vs.

RESPONDENT: SRI VENKATESWARA HINDU COLLEGE OF ENGINEERING & ANR.

DATE OF JUDGMENT:       21/02/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  Heard  learned  counsel  for  both  the parties.      This 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.      The 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 Government employees.      It is 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 It  is not  also in dispute that all the persons who filed  the writ  petition along  with the  appellant has later withdrawn  from the  writ petition  and thereafter the respondent-Management paid  the salaries  on  par  with  the Government employees.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

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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 Constitution.      The appeal  is accordingly allowed. The writ is issued. But in the circumstances without costs.