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Andhra Pradesh High Court
Judges : J.CHELAMESWAR, M.VENKATESWARA REDDY
Y.Sidda Reddy - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 11-07-05
Constitution of India – Articles 16, 14, 21, 162 – A. P. Recognised private Educational Institutions Control Act, 1975 – Andhra Pradesh intermediate Education Act – Section 2 (9) – Andhra Pradesh Education act, 1982 – Section 2 – Andhra Pradesh (Integrated) Education Rules, 1966 – Rule 56 (c), 159 – Employee Allowances – The case of the petitioners was that prior to the admission of the institution to grant-in-aid, the petitioners were drawing a salary at a higher rate and by virtue of the condition incorporated in Clause-5 of the g. O. , by which the grant-in-aid was extended to the institution in which the petitioners are working, the petitioners would draw a salary lesser than what they were drawing prior to the admission of the institution to grant-in-aid and therefore such a condition is violative of articles 14, 16 and 21 of the Constitution of India – Held, that the Ordinance insofar as it deals with the aspect of pension is valid, the rest of the Ordinance must be held unconstitutional – Before parting with the case, court would like to place on record our disgust of the situation – The procedure of creating rights and obligations of far-reaching consequences both for the exchequer and the citizen by successive executive fiats as was done in the case on hand, in our view is highly detrimental to the public interest as is demonstrated by this case – Court is conscious of the fact that in the areas not covered by legislation, the States constitutional authority to take executive decisions under Article 162 is well recognized – Court is only concerned with the desirability of the exercise of such power on adhoc basis without any examination by the legislature – This case illustrates the catastrophic consequences of such adhocism – Order Accordingly
( 1 ) EDUCATIONAL institutions both schools and colleges are organized by the Government, local bodies like Municipalities and Zilla parishads, as also by the private organizations. The issue before us in this matter revolves around certain service conditions of the employees both teaching and non-teaching of the educational institutions run by private organisations.
( 2 ) THE organization of educational institutions in the private sector has been subject to regulation by the State in varying degrees from time to time. It may not be necessary to trace the entire history of such regulation by the State of the various educational institutions. In the year 1966, the state Government made rules known as the andhra Pradesh (Integrated) Education rules, 1966 in G. O. Ms. No. 1188, Edn. , dt. 10-5-1966. At that point of time, there was no comprehensive enactment dealing with all classes of educational institutions. Therefore, the above mentioned rules were framed by the State (we presume) in exercise of power under Article 162 of the Constitution of India. Under the Rules, the educational institutions were divided into two classes viz. , unrecognized and recognized. Recognized institutions are again divided into colleges and schools of various categories. The activities of the various educational institutions in several spheres is regulated by the above mentioned rules. The rules contemplate according of recognition by competent authority in the case of each educational institution referred to earlier belonging to the various classes. They prescribed, inter alia, the qualifications for the teachers to be appointed in such educational institutions. Section II of the rules, deals with Elementary schools under private management. Under Rule 56 (c) it is stipulated that "the salary of the teacher should not be less than the scale fixed by the Government". Similarly, Chapter III section - I deals with Rules for Secondary schools. Under Rule 159, it is prescribed:"rule 159 - Increments:- Increments according to the scale laid down by the department or any other higher scale adopted by the management shall be granted as a matter of course, unless withheld by a definite order of the correspondent". From the above rule by necessary implication, it follows that the teachers in the Secondary school must be paid a minimum scale laid down by the State, of course, with liberty to the management to pay a higher scale. Thus, it can be seen that though the salary of teachers employed by a private educational institution is essentially a matter of contract between the employer and an employee, the state of Andhra Pradesh in exercise of the law making power under Article 162 regulated the freedom of contract between the employer and the employee by prescribing the minimum scales to be paid by the employers (educational institutions ).
( 3 ) THERE has been a consistent practice in the State of Andhra Pradesh of extending financial support to private educational institutions from time to time as a matter of policy of the State. The extension of such financial assistance - called "grant-in-Aid" is regulated by a non-statutory code known as "grant-in-Aid Code" the origin of which is almost lost in antiquity.
( 4 ) RULE 3 of the Grant-in-Aid Code stipulates that grants are given in teaching and other purposes as specified in the various chapters of the Code. Rule 6 of the Code stipulates that no grant under the Code shall be paid to an institution which is not recognized under the Andhra Pradesh education Rules. Chapter III deals with teaching grants for secondary schools. Chapter IV deals with teaching grants for colleges for general education etc. Chapter V deals with teaching grants to institutions imparting special education etc. Rule 25 stipulates as follows:"25. Scales of pay:- The scales of pay adopted for the several members of the teaching and non-teaching staff in aided secondary schools shall not be less than the scales prescri
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