Ajay Rastogi, J.

Instant intra-court appeal is directed against order of the ld. Single Judge dt.02.03.2006.

The brief facts of the case which are relevant for the present purpose can be summarized are that the educational institution (respondent No.6) named Azad Secondary School, Fatehpur, District Sikar was receiving 60% grant-in-aid from the State Government and the service conditions of the employees, at the relevant point of time, were governed by the Rajasthan Rules for Payment of Grant-in-Aid to Non-Government Educational & Cultural Institutions, 1963 (in short called as “the Rules of 1963”) which are non-statutory and mere executive instructions of the Government to the private educational aided institutions as a condition for implementation of pay scales and to govern the service conditions of the employees/Teachers working in the educational institutions receiving grant-in-aid.

This fact can further be noticed from the scheme of Rules, 1963 that it is open to an institution to either accept those executive instructions or not to accept them. If it decides not to accept the executive instructions, it will naturally not get the grant-in-aid which is contingent on its accepting the conditions contained in the executive instructions and on the other hand, if the institution accepts the conditions contained in the executive instructions, it will receive the grant-in-aid. If, however, having accepted executive instructions containing the terms & conditions, the institution does not carry out the executive instructions, the Government will naturally have the right to withhold the grant-in-aid and that is clearly evident from the R.4(i) of the Rules, 1963. It is how a matter between the Government and the private aided institution being regulated under the scheme of Rules, 1963.

These Rules of 1963 indeed have no statutory force and are mere executive instructions, introduced for the purpose of granting grant-in-aid to the private aided institutions. What grants the State Government should make to a private aided institution and for what terms, are matters for the State Government to decide. Conditions of these grants may be prescribed by the statutory rules, if any, and there is, however, no law preventing the State Government from prescribing the conditions of such grants by mere executive instructions which do not have the force of law.

However, at a later point of time, the State Government came across with the situation that the grant-in-aid is not being properly utilized and the service conditions of the employee of the private aided institutions could not be properly safeguarded or there being an exploitation by the Management, keeping the object of Right to Education as a paramount consideration and to provide for better organization and development of education in the private aided institutions in the State of Rajasthan, the State Government enacted “the Rajasthan Non-Government Educational Institutions Act, 1989” (in short called as “the Act of 1989”) which came into force after its publication in the gazette w.e.f. 01.01.1993 and after the statutory Act of 1989 came into force, it certainly regulated the service conditions of the employees and also the terms on which State holds statutory power to control the grant-in-aid sanctioned to the private aided institutions and to regulate the provisions of the Act, grant-in-aid and service conditions, etc., the State Government, in exercise of its powers conferred u/Sec.43 of the Act of 1989 and all other powers enabling it in this behalf, framed the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid and Service Conditions etc.) Rules, 1993 which came into force on publication in gazette on 01.04.1993.

Prior to the Act of 1989 coming into force w.e.f. 01.01.1993, on its publication in the gazette, the service conditions of the employees and grant-in-aid of all the private aided institutions which were receiving grant-in-aid were being regula