Andhra Pradesh High Court
Judges : RAMESH RANGANATHAN
M.D.Soujanya - Appellant
Versus
S.V.V.P.V.M.C.Manila Vidya Peeth, Visakhapatnam - Respondent
Decided On : 01-24-06
Held : Rule 7 (4), which ensures Government pay scales to Lecturers in private unaided educational institutions, is in public interest, as it seeks to ensure that the Lecturers are adequately monetarily compensated thereby ensuring higher standard of teaching and imparting of education in private unaided degree colleges
the agreement said to have been entered into between the petitioners and the 1st respondent is to waive an illegality Violation of Rule 7 (4), of the Rules in G O Ms No 29 dated 5 2 1987, by the 1st respondent is an illegality which is sought to be overcome by way of the agreement While waiver is the abandonment of a right and signifies nothing more than an intention not to insist upon the right, an agreement to waive an illegality is void on grounds of public policy and would be unenforceable
Coercion or otherwise, the statutory provisions of Rule 7 (4), of the Rules in g O Ms No 29 dated 5 2 1987, which is in public interest, cannot be waived by agreement and would require strict compliance
the decision of the State whether or not to extend financial assistance to such educational institutions, does not relieve the management, of such private educational institutions, of its obligations, to pay proper salary and other benefits imposed upon them by law and since the 1st respondent, is duty bound under Rule 7 (4), of the Rules notified in G O Ms No 29 dated 5 2 1987, to pay salaries to its staff as per the government scales of pay
( 2 ) FACTS, to the extent necessary for this writ petition, are that the 1 st petitioner, an M. Sc. in Zoology from Andhra University, and the 2nd petitioner, an M. Sc. m Physics and an M. Phil, possessed the qualifications and were eligible to be appointed as Lecturers in degree colleges. The 1st respondent, an aided private college, established by Sri venkateswara Vidya Peeth, was granted conditional permission to start a degree college by the 3rd respondent in G. O. Ms. No. 550 dated 22. 7. 1980. Among the several conditions, prescribed was that appointment of staff was to be made as per the staff pattern prescribed by the Government and that salaries and allowances must be paid as prescribed by the Government.
( 3 ) SUBSEQUENTLY, the Director of higher Education is said to have permitted the 1st respondent to open an additional section in B. Sc. degree course. Consequent thereto, the 1st respondent appointed the petitioners as Lecturers in Zoology and physics. According to the petitioners, pursuant to G. O. Ms. No. 12 dated 10. 1 1992, the 1st respondent decided to fill up the posts held by the petitioners on temporary basis. Following the procedure prescribed, in G. O. Ms. No. 12 dated 10. 1. 1992, the posts were notified, a Selection Committee was duly constituted and the petitioners were selected by a six member Selection committee. The list of selected candidates was approved by the governing body on 13. 9. 1993, and the petitioners were appointed as Lecturers, in Zoology and physics respectively, vide proceedings dated 13. 7. 1994, with effect from 21. 7. 1993. The Andhra University, vide letter dated 1. 7. 1994, is said to have informed the 1st respondent that the Board of Management of Andhra University, in its meeting held on 11. 3. 2004, had approved the appointment of the petitioners.
( 4 ) PETITIONERS would contend that despite their regular appointment, the 1st respondent was paying them a consolidated salary of Rs. 1,000/- per month and not the government Scales of pay applicable to the posts held by them. They contend that the posts held by them are also eligible to be admitted to aid as per the provisions of the a. P. Private Educational Institutions Grant- in-Aid (Regulations) Act, 1988, and that the 1st respondent is bound to pay them regular scales as per the conditions subject to which it was permitted to be established under G. O. Ms. No. 550 dated 22. 7. 1980. It is contended that the 1st respondent is charging high fees from students undergoing undergraduate courses and, despite there being no dearth of finances, it was contravening the orders/rules and continuing to pay a paltry sum of Rs. 1,000/- per month to the unaided staff, though they were appointed on a regular basis. Petitioners are said to have gone on a hunger stake for 40 days, and the Secretary of the 1st respondent is said to have made them sign an agreement on 14. 9. 1996 under which the unaided staff agreed for payment of consolidated salary of Rs1,800/- per month from 1. 9. 1996 with an understanding that the emoluments would be increased from 1. 7. 1997. Petitioners would contend that such an agreement is opposed to public policy, is unenforceable and that they were lulled into signing the agreement under compelling circumstances and on threat of termination. It is their case that the 1st respondent is bound to pay them the salary payable to aided Le
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