INDRAVADAN JOSHI PRESIDENT GUJARAT STATE NON GOVERNMENT ADHYAPAN MANDIR KARMACHARI SANGH Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 22G of the Constitution of India the petitioners who are the Office Bearers of the Gujarat State Non-Government Adhyapan Mandir Karmachari Sangh have made a grievance regarding the inaction on the part of the 1st respondent-State of Gujarat in referring the question regarding revision of pay scales of teaching and non-teaching staff of Non-Government Primary Teachers Training Colleges in the State of Gujarat to the Third Pay Commission respondent no. 2 herein for inviting its recommendations on the matter. Thus the grievance has been made on behalf of the entire teaching and non-teaching staff of the Non Government Primary Teachers Training Colleges in the State.

(2.) In order to appreciate the grievance of the petitioners it is necessary to note at the outset a few relevant facts. In order to train Primary School Teachers who have to man both Government and Private Primary Schools in the State Primary Teachers Training Colleges are being run. They are called Adhyapan Mandirs. There are in all 67 such Primary Teachers Training Colleges in the State. Out of these 67 colleges 24 colleges are full-fledged Government Colleges. They ave run by Government directly while 43 colleges are Private Non-Government Primary Teachers Training Colleges but they receive cent per cent grant from the State and whatever fees are recovered from the students for being taught at these colleges are transmitted to the State treasury. thus even though these 43 Private Non Government Colleges are strictly speaking not belonging to the State Government they are practically acting as agencies of the Government. The entire administration in these colleges is run by the State funds and whatever is received is collected by the State Government. It appears that in these 43 Private Non Government but fully Government aided Primary Teachers Training Colleges more than 600 employees are working both on the teaching and non-teaching side. Mr. Patel the learned Counsel for the petitioner on instructions gave a break-up as under

(3.) The grievance of the petitioners is that the 1st respondent-State of Gujarat while appointing the Third Pay Commission and referring to it for its recommendations the questions regarding the revision of pay scales of various employees both Government and Non-Government employees as per the terms of reference did not think it fit to include the grievances voiced by the teaching and non-teaching staff of Non Government Primary Teachers Training Colleges. That the State of Gujarat has covered the teaching and non-teaching staff of private Secondary and Primary Schools in the terms of reference but it has not covered the teaching and non-teaching staff of Training Colleges which are private colleges but receiving cent per cent grant-in-aid from the State Government. It is the submission of the petitioners that this inaction on the part of the 1st respondent-State has been ex-facie arbitrary discriminatory and irrational and cannot stand the test of Article 14 of the Constitution of India.