Govind Mathur, J. - (1.) A Division Bench of this Court by order dated 22.9.2014, while dismissing three contempt petitions, called upon the Principal Secretary, Department of Education to submit a reply regarding salary and other allowances which are being paid to teachers in private schools in the State of Rajasthan. The Principal Secretary was also directed to provide the details with regard to government interventions in the matters relating to grant of salary and other allowances to the teachers working with private schools and the body, if any, examining such matters for the welfare of teachers. While calling upon the Principal Secretary, the Court also noticed that the salary paid to the teachers teaching in private institutions in the State of Rajasthan is much below the living wage which is paid to skilled employees in metropolitan towns. Such low wages prima facie amounts to exploitation which is violative of Article 23 of the Constitution of India. The Court directed the Registry to continue the proceedings as a litigation in public interest.
(2.) IN response to the notice to the Principal Secretary, an affidavit is filed by the competent officer of the Government of Rajasthan stating as under: - - "2. That in response to the aforesaid issues it is submitted that there is no such guidelines or orders of the State Government prescribing any pay scale to the teacher of the Non Aided Educational Institutions. That there is no such provision provided in the Rajasthan Non Aided Education Institution Act 1989. That the only provision is Section 29(2) whereby it is provided that the recognized institution should pay the salary of the month by 15th or prior to 15th of the next month after making necessary deduction. That as per Section 30 the District Education Officer is authorized to inspect regarding payment of salary.
(3.) THAT as per Section 23(3) of the Right to Free and Compulsory Education Act 2009 there is provision of prescribing service conditions and salary of the teachers of the private institutions.;