DEVI LAL CHOUDHARY AND ANOTHER; PARASRAMPURIA RAJASTHAN; INDER SINGH AND ANOTHER; KRISHAN GOPAL AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By this common order, three writ petitions CWP No.9221/2007, CWP No.13154/2008, CWP No.3432/2008 filed by the employees of the Shri Parasrampuria Rajasthan Ayurveda College Samiti and one more CWP No.7966/2007 filed by Shri Parasrampuria Rajasthan Ayurveda College Samiti are being decided together as identical relief of payment of salary, appointment of the Administrator has been claimed by employees of the Samiti whereas the Samiti has filed the writ petition to call off the strike.

(2.) The question of law involved in all these three writ petitions relates to the running of Shri Parasrampuria Rajasthan Ayurvedic College (hereinafter referred to as 'the Institution) run by Shri Parasrampuria Rajasthan Ayurveda College Samiti (hereinafter referred to as 'the Samiti) and payment of salary and other benefits to the working staff of the College, and further in case, it is not possible for the Samiti to run the College, then whether the provisions of the Rajasthan Non-Government Educational Institutions Act, 1989 (in short 'the Act of 1989') and the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-Aid and Service Conditions etc.) Rules, 1993 (in short 'the Rules of 1993') can be invoked or not ?

(3.) Briefly stated, the relevant facts of the case, as mentioned in CWP No.13154/2008 Prof.Krishna Gopal and others V. State and others are that the petitioners are working either as Professor, Lecturer, L.D.C. and Class IV employees of the Institution, claiming the relief of payment of arrears of salary and regular monthly salary whereas the Samiti has also filed CWP No.7966/2007 to direct the private respondents therein to resume the teaching work and hospital activities forthwith by calling off their agitation. In other writ petitions, it has been submitted that the symbolic strike was called in early 2008 when the management of the Institution did not fix their salary as per Vth Pay Commission and further did not pay salary to the staff. However, the strike was kept in abeyance on 14.5.2008 and ultimately, the strike was called off from 21.5.2008. On 6.9.2008, the Institution received a letter of the Secretary, Central Council of Indian Medicine which directed the Rajasthan Ayurved University to transfer students of Shri Parasrampuria Rajasthan Ayurveda College to two other private colleges i.e. Bhanwar Lal Dugar Vishwabharti Ayurved College, Sardar Shahar and J.R.Tatia Ayurved College, Sri Ganganagar. At this stage, serious apprehension was expressed by the petitioners that if the students of the other Colleges were transferred, then certainly, the Institution will be closed and their services will be dispensed with and further, the Samiti will get success in grabbing the property and assets of the Institution. Certain important facts with regard to the establishment and the prestige of the Institution are as follows: