K. Krishnamacharyulu and others, Appellants v. Sri Venkateswara Hindu College of Engineering and another, Respondents.

K. RAMASWAMY AND S. SAGHIR AHMAD, JJ.

Constitution of India, Articles 226, 39 (d) – Equal pay for equal work - Claim for - Employees of private educational institutions - Proper forum – Executive instructions issued by Government giving them right to claim pay scale at par with Government employees However, no statutory rules issued in that behalf and institution in question not receiving any grant-in-aid -Institution in question catering to element of public interest - Remedy would be available under Article 226 and not under Industrial Disputes Act – They would be entitled to pay parity with Government employees.

Articles 226, 21 - Writ jurisdiction - Available to teachers in private educational institutions - State has obligation to provide facilities and opportunities to people to avail right of education - Private institutes caters to need of educational opportunities which has element of public interest - Teachers can, therefore, avail remedy under Article 226.                                                                                                                               (Source: AIR 1998 Supreme Court 295)