Lecturers in Sanskrit Colleges are entitled to equal pay scales with those teaching in the faculty of Arts, as per the principle of equal pay for equal work under Article 39(d) of the Constitution of India.

1. - Petitioner is a Lecturer in Sanskrit College. He has prayed that the pay scales of Lecturers in Sanskrit Colleges should be equal to the pay scales of Lecturers teaching in the faculty of Arts. The prayer of the petitioner is only based on the principle of equal pay for equal work as directed under Article 39(d) read with Article 14 of the Constitution of India. Before taking into consideration the facts of the present case it is necessary to understand the provisions of University of Rajasthan Act and Ordinances issued there under.Chapter-XII- Faculty of Arts, finds place under Ordinance 45. In Item No.3 of Ordinance 45, Classical language (such as Sanskrit, Arabic and Persian find place. Thus, Sanskrit is one of the subjects taught in Degree Class of general faculties of Arts. In Chapter-XVIII-A, Ordinance 51-A there is a separate Faculty of Sanskrit studies also. There are 22 subjects in the faculty of Sanskrit. Following degrees are assigned:

1. Shastri

2. Acharya

3. Vidyavaridhi

4. Vachaspati

2. Degree of Shastri has been equated with the degree of B.A. in Sanskrit. Similarly, Degree of Acharya has been equated with the degree of M.A. in Sanskrit. Degree of Vidliya Varid hi has been equated with the degree of Ph.D. in Sanskrit and Degree of vachaspati has been equated with the degree of D. Litt. in Sanskrit. Under Ordinance-52 the Boards of Studies has been provided for the following subjects of Faculty:-

1. English,

2. Hindi,

3. Philosophy

4. Sanskrit,

5. Urdu, Persian and Arabic

3. Under Ordinance-65, the qualifications required for the purpose of Lecturer in the Faculty of Arts/Faculty of Social Sciences and Faculty of Fine Arts is as under:A. For Lecturers (other than those for Drawing and Painting, Music and Home Science:

(a) Good academic record with at least a high second Class (with a minimum of 54% marks) Master's degree in the subject concerned of an Indian University or an equivalent degree of a foreign University; (N A Ph.D./M.Phil./M. Litt. degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidate for independent research work;

4. It further provides that if a candidate passing qualification at (b) is not available or is not considered suitable for appointment, the appointing authority on the recommendation of the Selection Committee may appoint a person who fulfils the requirement as given in (a) on the conditions that he will have to obtain a Ph.D./M.Phil./M.Litt. or a recognised degree beyond the Masters' level within five years of his appointment, failing which he will not be able to earn future increments till be obtains that degree or gives evidence of published work of high standard indicating the capacity of the candidate for independent research work. Ordinarily the degree of M. Phil. is preferred. However, there may be relaxation as stated above.

5. Petitioner has submitted written arguments and submitted before me some documents. I will not like to take into consideration these documents as they were submitted after the arguments.

6. Petitioner in Para-4 of his Writ Petition has submitted that there are following similarities in the placement of the Shastri Colleges, Acharya Colleges and Shiksha Shastri Training College in the Sanskrit Education Department :

(a) Like General Education the duration of the Course in the Sanskrit Education is of five years and the courses are determined by the University of Rajasthan.

(b) The examinations for Shastri and Acharya standards are held by the University of Rajasthan as is done in the case of B.A. and M.A. and equivalent Degrees. The examination for Shiksha Shastri training is held by the University of Rajasthan as is done for REd. Training.

(c) After Post Graduation the Research degrees of Vidhyavaridhi and Vid-hyavachaspati are awarded in the same manner as is done in the case of Ph.D. and D. Litt.

(d) All the Shastri and Acharya Standard College and Shiksha Shastri Training Colleges are affiliated to t