Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the Managing Committee of Lal Bahadur Shastri (P.G.) College assailing the order of the Raj. Non -Govt. Educational Institutions Tribunal dt.10.03.2005 whereby the learned Educational Tribunal directed the Petitioner -institution to grant benefit of senior/selection scale in terms of guidelines laid down by University Grants Commission to such teachers/physical Education Teachers within a period of three months failing which the incumbent was held entitled to interest @ 9% per annum on computation of arrears.
(2.) IT has come on record that Petitioner institution is 80% aided by the State Government and is under obligation to comply with the provisions of Rajasthan Non - Government Educational Institutions Act, 1989 and the Rules, 1993 framed there under. On the last date of hearing preliminary objection was raised by counsel for Petitioner that order of the Tribunal discloses that counsel appeared on behalf of Petitioner and argued the matter but what has been recorded is factually incorrect and from the record it reveals that no -one appeared on behalf of Petitioner before the Education Tribunal and reply filed before the Tribunal was also not considered and since two appeals were disposed of by common judgment the pleadings of another case has been taken note of while examining the controversy. Taking note of the submissions made and the fact that the question has been finally examined by this Court and the legal position has been settled which the learned Tribunal has also taken note of and remitting the matter back to the Tribunal was not considered to be appropriate in the facts of the instant case, accordingly this Court afforded opportunity to the Petitioner to make submissions on merits vide order dt.08.2.2011 and pursuant thereto the submissions were made by the counsel for Petitioner on merits of the controversy raised in the instant petition. It has been alleged that Respondent -1 Umrao Singh joined as Physical Teacher on 24.01.1978 and when the benefit of senior/selection scale in terms of UGC guidelines was not extended to him he approached the Educational Tribunal by filing application Under Section 21 of the Act, 1989. The learned Tribunal after taking into consideration the material on record finally held the Respondent (applicant before the Tribunal) is entitled for grant of benefit of senior/selection scale in terms of UGC guidelines and accordingly while disposing of two appeals by common judgment dt.10.03.2005 directed the aided institution to grant benefit of senior/selection scale to the teacher in terms of conditions of eligibility postulated in UGC guidelines and implementation of the judgment was ordered to be made within three months.
(3.) COUNSEL for Petitioner submits that mere attaining eligibility in terms of UGC guidelines will not make Respondent entitle to get benefit of senior/selection scale unless found suitable. However, he raised a further objection that in absence of post held by the incumbent being an aided post the benefit of senior/selection scale as granted by the Tribunal could not be extended to the incumbent concerned. However, after taking note of the documents which were shown to this Court obtained by the Respondent under Right to Information Act, forwarded by the Commissioner, College Education dt.07.02.2011 in which post of PTI held by Respondent has also been shown as an aided post, counsel has not pressed that later submissions. However, submits that direction of the Educational Tribunal in granting benefit of senior/selection scale without suitability being considered by the authority competent under the guidelines laid down by UGC requires interference by this Court.;