Ajit Singh, J. - (1.) THIS order shall govern the disposal of both D.B. Civil Writ Petition No. 9489/2013 Rekha Dewani and Anr. v. State of Rajasthan and Ors. and D.B. Civil Special Appeal (Writ) No. 30/2013 Kamla Bai Nayak Chowkidar and Ors. v. State of Rajasthan and Ors. as they involve the same issue and were heard together.
(2.) THE petitioners -appellants in the cases have challenged the constitutional validity of word 'aided' appearing in Sections 16 and 29 of the Rajasthan Non -Government Educational Institutions Act, 1989 (in short 'the Act 1989'). They have also prayed that respondent No. 3 Ramjidas Modi Vidya Niketan Society be directed to pay them the same salary which are being paid to staff belonging to similar categories in Government or Government aided educational institutions.
(3.) IT is to be noted that appellants of D.B. Civil Special Appeal (Writ) No. 30/2013 without challenging the constitutional validity of word 'aided' appearing in Sections 16 and 29 of the Act 1989 had prayed before the learned Single Judge for direction against respondent No. 3 for payment of same scale of salary which the similarly situated staff are being paid in Government or Government aided educational institutions, but the prayer was not accepted and their writ petition has been dismissed by the impugned order dated 14.9.2012. Appellants, therefore, as mentioned above, in the present appeal have challenged the constitutional validity of the use of word 'aided'. Petitioners/appellants were appointed on different posts after due selection in the Seth Ramjidas Modi College for women which is being run by respondent No. 3. According to them, Seth Ramjidas Modi College was earlier Government aided but with an ulterior to pay less salary to employees, the Management of college stopped accepting aid from the State Government. The petitioners/appellants submit that when the college was receiving aid, they were being paid salary equivalent to the salary paid to similarly situated staff in Government or Government aided educational institutions but after stopping of the Government aid, their salary have been reduced considerably. It is in this background, petitioners/appellants have filed the present petition and appeal.;