ORDER

Leave granted. Heard learned counsel for both the parties.

2. This appeal by special leave arises from the judgment of the High Court of Andhra Pradesh, made on April 23, 1996 in W.A. No. 179 of 1996.

3. The admitted position is that the appellant and six others had been appointed on daily wages to the post of Lab. Assistants as non-teaching staff of the respondent-private college. They were being paid daily wages. Writ petition and appeal seeking equal pay having been dismissed, they have filed the present appeal for direction to pay them equal pay for equal work on par with the other Government employees.

4. It is not in dispute that executive instructions issued by the Government have given them the right to claim the pay scales so as to be on par with the Government employees. The question is: when there is no statutory rules issued in that behalf, and the Institution, at the relevant time, being not in receipt of any grant-in-aid; whether the writ petition under Article 226 of the Constitution is not maintainable? In view of the long line of decisions of this Court holding that when there is an interest created by the Government in an Institution to impart education, which i