Mohammad Rafiq, J. - (1.) These three appeals are directed against the judgments passed by the learned single Judge dated 25-11-2005 and 9-10-2006 allowing the writ petitions filed by the respondents and therefore they were heard together and are being disposed of by this common judgment.
(2.) Since the two of these appeals are filed within the time prescribed, therefore, delay in filing of the Special Appeal (Writ) No. 1054/06, for the stated reasons, is condoned for deciding all the appeals on merits.
(3.) The writ petitions, in the present set of appeals, were filed by the Managing Committee of the private aided colleges namely; M.K. Saboo P.G. College, Pilani, Anudanit Niji Mahavidyalaya Prabandh Karini Parishad and Seth Moti Lal (PG) College, Jhunjhunu contending that Management Committee of these Colleges are duly constituted as per Section 9 of the Rajasthan Non-Government Educational Institutions Act, 1989 (for short 'the Act of 1989'). The Government of India and University Grants Commission with a view to fulfilling their constitutional obligations for maintenance of standards in higher education, decided to revise the pay scales of teachers in Central Universities and Colleges so that talent in teaching profession is attracted. The Government of India vide its letter dated 27-5-1998 addressed to the University Grants Commission (for short - 'the UGC') approved the scheme of revised pay scale and service conditions of such teachers which came to be known as Career Advancement Scheme (for short - 'CAS'). The Government simultaneously also wrote a letter to the Education Secretaries of all the State Government and union territories on the same date informing about such decision and that they may adopt the scheme as it is or in their discretion, may decide to introduce scale of pay in different form than those mentioned in the scheme after taking local conditions into consideration and may give effect to such revised pay scales from 1-1-1996 or from any later date, after modifying the scheme and getting the same approved by the Government of India. Acceptance of the scheme in its proposed form was however subjected to acceptance of five conditions referred to the letter of Government of India dated 17-6-1987.;