- (1.) Instant intra-court appeal is directed against order of the ld.Single Judge dt.02.03.2006.
(2.) The brief facts of the case which are relevant for the present purpose can be summarized are that the educational institution (respondent No.6) named Azad Secondary School, Fatehpur, District Sikar was receiving 60% grant-in-aid from the State Government and the service conditions of the employees, at the relevant point of time, were governed by the Rajasthan Rules for Payment of Grant-in-Aid to Non-Government Educational & Cultural Institutions, 1963 (in short called as "the Rules of 1963") which are non-statutory and mere executive instructions of the Government to the private educational aided institutions as a condition for implementation of pay scales and to govern the service conditions of the employees/Teachers working in the educational institutions receiving grant-in-aid.
(3.) This fact can further be noticed from the scheme of Rules, 1963 that it is open to an institution to either accept those executive instructions or not to accept them. If it decides not to accept the executive instructions, it will naturally not get the grant-in-aid which is contingent on its accepting the conditions contained in the executive instructions and on the other hand, if the institution accepts the conditions contained in the executive instructions, it will receive the grant-in-aid. If, however, having accepted executive instructions containing the terms & conditions, the institution does not carry out the executive instructions, the Government will naturally have the right to withhold the grant-in-aid and that is clearly evident from the R.4(i) of the Rules, 1963. It is how a matter between the Government and the private aided institution being regulated under the scheme of Rules, 1963.;