- (1.) The petitioner was appointed on the post of Headmaster after due selection in an educational institution being run by respondent No.1. According to him, the educational institution of respondent No.1 is recognized but admittedly, it is unaided. The petitioner's services were however, dispensed with by respondent No.1 vide order 01.07.2002. Aggrieved, the petitioner filed an application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 (in short 'the Act 1989') for various reliefs including that respondent No.1 be directed to pay salary equivalent to the salary paid to similarly situated staff in Government or Government aided educational institutions. Respondent No.3 disagreed with the petitioner and rejected the application vide order dated 31.08.2012. It is in this background, the petitioner has filed the present petition seeking declaration that Section 29(1) of the Act of 1989 as well as Rule 34 of The Rajasthan Non-Government Educational Institution Rules, 1993 (in short 'the Rules, 1993') be declared ultra vires to the Constitution.
(2.) Section 29 of the Act 1989 provides for pay and allowances of employees. Its relevant sub-section (1) is as follows : - (1) The scales of pay and allowances except compensatory allowances with respect to all the employees of an aided institution shall not be less than those prescribed for the staff belonging to similar categories in Government institutions.
(3.) Likewise, Rule 34 of the Rules, 1993 is as follows : - "34. Pay and allowances The scales of pay and allowances of the staff of the aided educational institutions shall not be less than those prescribed by the Government for the staff of similar category in the Government educational institutions. The service of all such temporary teachers appointed before 1st January against leave vacancies or by Authorities not competent to make such appointments and of all temporarily teachers appointed after 31st December shall be terminated on the last working day of the session. Explanation Allowances mean and include Dearness Allowance, House Rent Allowance, and City Compensatory Allowance.;