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Supreme Court Of India

(From : Himachal Pradesh)

Hon'ble Judge(s): R. V. Raveendran, A. K. Patnaik , JJ

(A) Constitution of India , Art.12, Art.36, Art.14, Art.39(d), Art.30— State - Private unaided minority school - Not State - Not under obligation to ensure equal pay for equal work - Employees of such school are not entitled to claim pay parity with employees of Govt. schools or Govt. aided schools. Unaided private minority schools over which the Government has no administrative control because of their autonomy under Article 30(1) of the Constitution are not State within the meaning of Article 12 of the Constitution. As the right to equality under Article 14 of the Constitution is available against the State, it cannot be claimed against unaided private minority schools. Similarly, such unaided private schools are not State within the meaning of Article 36 read with Article 12 of the Constitution and as the obligation to ensure equal pay for equal work in Article 39(d) is on the State, a private unaided minority school is not under any duty to ensure equal pay for equal work. The teachers of private unaided minority schools, therefore, have no right to claim salary equal to that of their counter-parts working in Government schools and Government aided schools. The teachers of Government schools are paid out of the Government funds and the teachers of Government aided schools are paid mostly out of the fees and other resources of the private schools.(Para 9)....