T.V. NALAWADE, J.

1. All the petitions are filed under Articles 14, 21 and 226 of the Constitution of India. The petitioners have prayed for giving direction to the State Government, to the concerned University and the All India Council for Technical Education (in short "AICTE") to see that the respondent-management from all the proceedings gives salary and allowances payable to the petitioners in accordance with the revised pay scales as proposed by 6th Pay Commission. These pay scales are granted by AICTE and the State Government has also adopted the revised pay scales. Writ Petition No.2411/2012 is filed by the teaching staff (Assistant Professors) and other petitions are filed by non teaching staff. Both the sides are heard.

2. The respondent, management of Maulana Azad Education Society is a public trust registered under the Maharashtra Public Trusts Act. With effect from academic year 2008-2009, status of minority institution is granted to it. It runs Pharmacy College and it is having courses like B. Pharmacy and M. Pharmacy. It is unaided College. The College is affiliated with Dr. Babasaheb Ambedkar Marathwada University Aurangabad and the courses are recognized and approved by AICTE. It is not disputed that all the petitioners are working on the posts as contended by them in the petition, they are working on full time posts.

3. It is contention of the petitioners that as the permission is granted to the respondent-management to run the college by the respondent-authorities, the conditions imposed for granting such permission, affiliation and recognition need to be fulfilled by the respondent-management. It is the case of the petitioners that the conditions include the salary of teaching and non teaching staff fixed by the Government from time to time. It is the contention of the petitioners that by various Circulars and Government Resolutions issued in the year 1995 the State Government has made it clear that the pay scales which are made applicable to the employees of the State shall be applicable to self financed institutions. It is contended that recommendations of 6th Pay Commission are accepted by the Central Government and AICTE and these revised scales are adopted by the State Government also. It is the contention of the petitioners that AICTE has framed Regulations in respect of pay scales of teaching staff in the year 2010 and as the recognition is given by AICTE to the respondent-management's courses, the respondent-management is bound to give those scales. The other Government Resolutions of the State Government of the years 2009 and 2010 are referred by the petitioners and the Notification issued by the concerned University in the year 2009 is also referred by the petitioners.

4. The non-teaching staff has contended that they are also entitled to get pay scales as per recommendations of the 6th Pay Commission and in that regard the State Government has issued Government Resolution dated 7-5-2010.

5. The petitioners from all the proceedings had admitted that the revised pay scale as per the recommendations of 6th Pay Commission is implemented by the respondent-management with effect from the year 2011 but the petitioners have contended that they are entitled to get the benefit of the revision with effect from 1-1-2006. For that they had made various representations to the respondents but no steps are taken to implement the pay scales with effect from 1-1-2006 and so they have approached this Court.

6. Respondent-management has filed reply affidavit. It has opposed the prayers by contending that the Government Resolutions of the revision of pay scales of the employees are not applicable to it. Two grounds are given by management viz. firstly, it is unaided institution and secondly because it is religious minority institution. It is contended that being a religious minority institution it has protection under Article 30(1) of the Constitution of India and the Government cannot compel it for giving the pay