- (1.) The question for consideration is whether the teachers employed in various recognised aided private schools in the State of Himachal Pradesh are entitled to the pay scales which are being paid to their counterparts in the government schools If so, whether such schools are entitled to receive grants-in-aid to meet 95 per cent of the net approved expenditure
(2.) Respondents, in the appeal herein, are teachers employed in various recognised aided private schools (aided schools) in the State of Himachal Pradesh. These schools are being maintained by the private management. They receive aid from the State government. The respondents approached the Himachal Pradesh High court seeking a direction that they are entitled to parity in the matter of salary, allowances etc. with the teachers employed in the government schools. They further sought a direction to the State government to pay grants-in-aid to meet 95 per cent of the expenditure incurred by the aided schools. A division bench of the High court allowed the writ petitions. These appeals by way of special leave are against the judgment of the High court.
(3.) The central government appointed Kothari Commission to examine the conditions of service of teachers with the object of improving the standard of education in the country. Kothari Commission, inter alia, recommended that the scales of pay of school teachers working under different managements such as government, local bodies or private management should be the same. Almost all the States in the country, including the State of Himachal Pradesh, agreed to implement the recommendations of the Kothari Commission. The adjoining State of Haryana declared, as back as January 1968, that the grades of teachers of privately managed schools would be revised on the pattern of the grades of teachers working in government schools.;