Judgement

CHANDRACHUD, J.:- What is the true nature of the Scheme envisaged in the Report of the University Grants Commission for the year 1966-67? Was the Scheme, in so far as it related to the pay scales of lecturers and professors in affiliated colleges accepted by the Government of Maharashtra? And If so, is the State Government entitled to superimpose on that Scheme additional conditions subject to which alone the benefit thereof can be given to the lecturers and professors? These are the questions which were raised before the High Court in a petition under articles 226 and 227 of the Constitution. It is open to grave doubt whether the recommendations of a body like the University Grants Commission can give rise to rights and obligations enforceable in a court of law but of that we shall say nothing as everyone concerned approached the questions on the assumption that the petition raised a justiciable issue. The decision of the High Court meets a long-felt demand of ill-paid teachers and though the High Court has certified that the case is a fit one for appeal under Article 133 (1) (a) and (b) of the Constitution, we do not propose to entertain in this appeal the point raised by the State Government for the first time in its Memorandum of Appeal before us that the respondents possess no enforceable right.

2. The University Grants Commission in its Report for the year 1966-67 recommended a revision of pay scales for various categories of teachers, who were broadly divided into two classes: "University Teachers and Teachers in affiliated Government and non-Government Arts, Science, Commerce and Secondary Training Colleges . The latter class of teachers with which we are concerned in this appeal consists of Senior Lecturers, Lecturers (senior Scale) and Lecturers (Junior Scale) for whom the University Grants Commission recommended the following scales of pay respectively:

Senior Lecturers : Rs. 700-40-1100

Lecturers (Senior Scale) : Rs. 400-30- 640-40-800

Lecturers (Junior Scale) : Rs. 300-25- 600.

3. The Report of the Commission was accepted by the Government of India for the reason that the prevailing scales of pay at the University level were very low and it was necessary in the interests of higher education to adopt the recommendation of the Commission and to apply it uniformly all over the country. The earlier reports of the Commission recommending higher pay-scales for University teachers failed to evoke adequate response as the Union Government agreed to reimburse the State Government to the extent of 50 per cent. only of the additional expenditure incurred by them. Some of the State Governments transferred the burden of the remaining 50 per cent to the Universities and the private colleges. By its letter of April 7, 1966 to the Education Secretary, Government of Maharashtra, the Government of India undertook to bear 80 per cent. of the expenditure incurred by the University or the colleges for implementing the Scheme of the Commission which was to be brought into operation with effect from April 1, 1966. The remaining 20 per cent. was to be borne by the State Government for a period of five years and thereafter the State Government was to undertake the entire financial responsibility for implementing the Scheme.

4. On November 6, 1967 the Government of Maharashtra passed a Resolution accepting in principle the proposal of the Government of India. Under Notes 1 and 2 to the Resolution, all Professors, Heads of Departments and Lecturers in different pay scales were to be given the junior scale of Rs. 300-600, 25 per cent. of the posts were to be in the senior scale of Rs. 400-800 and not more than 25 per cent of the total number of Lecturers were to be placed in the scale of 700-1100. Note No. 1 further stated that only such persons who possessed at least a second class Masters degree of a Statutory university would be eligible for the revised scales and in regard to the scale of Rs. 700-1100 it was further necessary th