The principle of 'Equal Pay For Equal Work' is not a fundamental right but a constitutional goal, and entitlement to parity in Pay Scale depends on several factors such as educational qualifications, nature of the job, duties to be performed, responsibilities to be discharged, and experience.

ORDER

Rohit B. Deo, J. - Heard Mr. R.L. Khapre, the learned senior counsel with Mr. R.G. Kavimandan, Mr. ET. Mirza, Mr. T.S. Deshpande and Mr. R.M. Ahirrao, for petitioners and Mr. N.S. Rao, the learned AGP for respondents in WP 366/2002 & 3229/2011 & for respondents 2 to 4 in WP 496/2012 and Mr. Anand Parchure and Mr. S.B. Ahirkar, the learned counsel for respondents 5 and 6, respectively, in WP 496/2012.

2. The seminal issue involved in these petitions is whether the Minimum Competency Vocational Course ("MCVC") Instructors are justified in claiming Pay Scale at par with the Full Time Teachers in MCVC on the principle of "Equal Pay For Equal Work", which is enshrined in Articles 14 and 39 (d) of the Constitution of India. The petitions involve similar factual and legal issues, and are, therefore disposed of by this common judgment.

3. In the context of the issue which falls for determination, Writ Petition 366/2002, which is argued by the learned senior counsel Mr. R.L. Khapre, is treated as the lead petition and it would be apposite to cull out the basic facts from the said petition, to the extent necessary to determine the issue involved.

4. Petitioners 1 and 2 in Writ Petition 366/2002, are employed as Full Time Instructors at Appaswami Junior College, Shendurjana and Laxmichand Junior College, Selu Bazar, respectively. Petitioner 1 holds the qualification Diploma in Industrial Electronics and petitioner 2 holds the qualification Diploma in Electronics and Telecommunication Engineering.

5. It would be of some relevance to note the advertisement in response to which petitioner 1 applied for the post of Full Time Instructor in the MCVC. The advertisement specifically invites applications for two distinct posts, to wit, Full Time Teacher and Full Time Instructor. The essential eligibility qualification for the two posts advertised are manifestly different. The qualification prescribed for the post of Full Time Teacher is degree with one year experience or diploma with three years experience, whereas, the qualification prescribed for the post of Full Time Instructor is degree (experience is not necessary) or diploma with experience of one year.

6. The petitioners contend that though designated as Instructors, the nature of duties discharged is identical with the duties discharged by Full Time Teachers. Extending the contention further, the petitioners submit that there is a marked difference in the Pay Scales. The Pay Scales revised pursuant to the acceptance of the recommendations of the 4th Pay Commission, were Rs. 1400-2600 and Rs. 2000-3500 for the posts of Full Time Instructor and Full Time Teacher, respectively, which were further revised to Rs.5000-8000 and Rs. 6500-10500, respectively, pursuant to the acceptance of the recommendations of the 5th Pay Commission.

7. The petitioners contend that the Principal of Amolchand Mahavidyalay, Yavatmal addressed communication dated 15.2.2000 to the Director and Deputy Director, Vocational Education and Training seeking guidance on the assignment of work to Full Time Instructors and Full Time Teachers on the premise that the institution is oblivious of the duty lists. The petitioners further submit that the staffing pattern which is prescribed for the MCVC includes Full Time Teachers and Full Time Instructors in the category of Teaching Staff.

8. The petitioners seek to buttress the submission that Full Time Instructor is in essence discharging the duties of Full Time Teacher by referring to the staffing pattern prescribed for institutions with Commerce Course imparting training only to the students of the 11th standards, which envisages appointment of only one staff member, either as Full Time Teacher or Full Time Instructor.

9. The petitioners after referring to the curriculum of the MCVC, which includes theory and practical, submit that a Full Time Instructor is required to conduct the practicals and to teach the students the theory related to the practicals. According to the petitione