INSTITUTE OF MUSIC & FINE ARTS TEACHERS ASSOCIATION Vs. J&K ACADEMY OF ART, CULTURE & LANGUAGE & ANR.

JUDGEMENT

(1.) Section 146 of the Jammu and Kashmir Constitution provides for the development of Arts, Culture and Languages in the State of Jammu and Kashmir. For this purpose the Governor of the State of Jammu and Kashmir is empowered to establish an Academy of Arts, Culture and Languages. Object of establishing this Academy is to provide opportunities for the development of above ideals and also for the development of Hindi, Urdu and other regional languages of the State as specified in the sixth schedule of the Constitution. As much would depend upon the scope and impact of section 146 of the Constitution of Jammu and Kashmir it would be apt to notice this provision. This read as under:

(2.) Submission made by the learned counsel for the petitioner who represent the staff of institute of Music and Fine Arts is that institute at Jammu is recognized by the University of Jammu and the Institute at Srinagar is recognized by the University of Srinagar. It is submitted that students who join this Academy are ultimately conferred degrees in the discipline of Music and Fine Arts. This is not being disputed by the respondents. It is submitted that training in this regard is being imparted by the staff of this Institute. It is submitted that ultimately students who join the Institute are conferred degrees. It is further submitted that degree which is conferred by this institute is as good as is being conferred by the University on those who are successful in other disciplines. It is submitted that if there who are imparting training in other disciplines to students are entitled to particular pay scale then staff imparting instructions in the discipline of Music and Fine Arts through an Institute which is the creation of the Constitution of the State of Jammu and Kashmir itself cannot be placed at pedestal lower than the staff of other institutions. It is this aspect of the matter which is being projected in this petition.

(3.) In a nutshell concept of equal pay for equal work is being invoked. Some of the principles which are applicable in the matter of granting equal pay for equal work be noticed at the first instance. Some basics concepts are as under: