- (1.) Delay condoned and leave granted in S. L. P. (C) No. 14099 of 2004.
(2.) The judgment rendered by the Rajasthan Non-Government Educational tribunal came up for consideration before a Full Bench of the High court. Jhe questions that were considered by the Full Bench are as under : "(1). Whether the teachers of Non-Government Educational Institutions (for short 'ngeis') who are receiving grant-in-aid under the Rajasthan Non- government Educational Institutions Act, 1989 (for short 'the Act') read with the rules framed thereunder, namely the Rajasthan Non-Government educational Institutions (Recognition, Grant-In-Aid and Service Conditions etc. ) Rules 1993 (for short 'the Rules') , are entitled to selection scale as given to the employees /teachers serving in Government educational institutions by virtue of the circular /order dated 25-1-1992. (2) Whether the Government is bound to give grant-in-aid for selection of the teachers of NGEIs receiving aid, and (3) Whether the teachers of NGEIs receiving aid are entitled for leave encashment benefits after retirement under the Act and the Rules framed thereunder. "
(3.) By the impugned judgment, the aforesaid questions have been answered in favour of teachers of Non-Government Educational Institutions (for short 'ngeis). In the present cases, we are concerned with aided Non- government educational institutions. These institutions are governed by the rajasthan Non-Government Educational Institutions Act, 1989 (for short 'the Act') and the Rules framed thereunder. The correctness of the impugned judgment in respect of the first two questions has been challenged mainly by the State of Rajasthan. In one civil appeal (CA No. 9394 of 2003) , it was also sought to be challenged by the management.;