The central legal point established in the judgment is the principle of equal pay for equal work, emphasizing the obligation of private unaided educational institutions, specifically Matriculation Schools, to pay teachers on par with Government scales of pay.

S. Palanivelu, J.

Since the facts and circumstances of the cases referred to above and the disputes to be settled are identical in nature, this common judgment is rendered.

2. For the sake of convenience, the contentions of all the parties to these proceedings could be summarised as follows, referring them as Writ Petitioners, School Managements and State Government.

3. The gist of bottom-line contentions of the writ petitioners (except W.P.No.10008 of 2004) are as follows:-

The teachers who are working in different schools, managed by various managements, are entitled to get pay equal to the one which is being drawn by their counterparts serving in the schools managed by the State Government. It is stated that their legitimate entitlements are being denied and when they questioned, their voices as to their rights were discouraged. Even though they have been working under the management schools which do not get any aid from the State Government, their rights are not at all circumscribed, on the plea that the said schools are in economically backward areas and that they are running the schools from the only source, that is to say, collecting fees from the students who hail from poor families.

4. Once the managements shoulder the responsibility of imparting education, they have to carry out the same, in accordance with the rules and regulations framed therefor. Accepting and expecting such of those contingencies alone, they have to start the school. The financial crunch cannot constitute a valid ground for denying a reasonable and justifiable salary to the teachers on par with all Government teachers. In cases of schools run by the Co-operative Sugar Mills in Salem and Vellore, they justify their stand by assigning reasons that they sustained loss for the past very many years and hence the teaching and non-teaching staff could not be paid on par with the Government teachers. But, when the mill earns profit, they are least bothered about the teachers and non-teaching staff. As for these schools, which are run without aid, the Government have prescribed the fees to be collected from the students and paid to the teachers. As far as the schools run by the said Mills are concerned, whether it earns profit or incurs loss, it does not matter. They pay attractive salary to their officers working under them.

5. Once if they feel that the teachers cannot be paid on par with the Government teachers, they have to take steps to hand over the school to the Government in the interest of the students and teachers and in such eventuality, the Government will take care of both the categories. It is the verdict of the Apex Court that the recognised institutions must pay salary to the teachers on par with other Government teachers. The higher administrative authorities of the schools, who are appointed and constituted under the public law, should ensure that the provisions of the Code of Regulation for Matriculation Schools (hereinafter referred to as Code of Regulation) are implemented in letter and spirit by the concerned, including the school authorities in respect of all the Matriculation Schools recognised under the said code. The teachers, who are doing equal work as performed by their counterparts in the schools run by the Government, are unable to get equal pay as guaranteed under the Constitution.

6. Every Matriculation School is a recognised school under the Code of Regulation for Matriculation Schools of Tamil Nadu. Once they get benefited under the Code, it is incumbent upon them to implement the provisions thereon. Regulation 16 of the Matriculation Schools provides that teachers and non-teaching staff of Matriculation Schools should be paid at least the Government scale of pay which are revised from time to time. Therefore, the barest minimum expectation under the Code, in view of the employment of the word “at least”, has to be taken on par with the Government teachers. If teachers suffer of poverty and paucity of funds,