ivil Appeal Nos1761 62 of 1991 From the Judgment and Order dated 13890 of the Madras High Court in CMP No 10274 and 10275 of 90 233 WITH CA No 1763 18 of 1991
V Krishnamurthy for the Appellants
Mrs N Chidambaram KParasaran MN Krishnamani G Srinivasan BRabu Manohar GVijay Anand V Balachandran and Ajit K Sinha for the Respondents
The following Order of the Court was delivered Leave granted
In the State of Tamil Nadu a number of educational institutions were set up for running courses for teachers training
The respondent Institutions and certain other institutions sought recognition from the Director and the Joint Director of Education of the State of Tamil Nadu for running the teachers training courses
In some cases the recognition was not a corded as the institutions did not fulfill the conditions required for setting up the Teachers Training Institution while in other cases the application for recognition was pending consideration
Indisputably none of the respondent Institutions had been accorded recognition but they admitted students to the course of study for conferring the Diploma in Teachers sTraining
Since the Education Department of the State Government was not willing to allow the students of such Institutions to appear at the public examination held by the Government the affected institutions filed writ petitions before the High Court claiming relief for issuance of mandamus directing the Government to recognise the Institutions and also for a direction permitting the students to appear at the public examination with a further direction for declaring the result of the examination
A learned Single Judge of the High Court referred the matter to Full Bench
The Full Bench considered the question Whether the students of unrecognized Educational Institutions can be permitted to write the public examinations held by the Government The Full Bench on an elaborate discussion held that in the absence of recognition accorded to an Educational Institution the students of such Institutions were not entitled to appear at the public examination held by the Government
In this view of the Full Bench the students were not entitled to any relief but the Full Bench adopted a peculiar course to grant relief
The Full Bench on account of the persistent and persuasive stand of the 234 petitioners issued directions to the State Government and the Education Department on humanitarian ground directing them to hold supplementary examination for enabling the student of the concerned unrecognized Institution to appear at the examination with a condition that the declaration of their result will be subject to the ultimate settlement of the question of recognition
With these directions the Full Bench disposed of the writ petitions before it by its order dated 2471990
The writ petitions out of which the present appeals have arisen were filed by the unrecognized Educational Institutions
These petitions were heard by a Division Bench of the High Court
The Division Bench following the decision of the Full Bench in Writ Petition No 2712 of 1990 and other connected matters fathima Secondary Grade Teachers Training Institute vs Commissioner and Secretary to Government Education Department issued similar directions permitting the student to appear at the examination and directing the State Government to arrange for supplementary examination to enable the students to appear at that examination
These appeals are directed against the order of the Division Bench
After hearing learned counsel for the parties were are of the opinion that these appeals must succeed
There is no dispute that the respondent educational Institutions were established for imparting education in Teachers Training Course without obtaining recognition from the Education Department of the State Government
In the absence of recognition from the Education Department the students pursuing their studies in these Institutions could not appear at the public examination held by the Education Department The Full Bench rightly held that students of unrecognized educational institutions could not be permitted to appear at the public examination held by the Government
On its own finding the Full Bench should have refused relief in the petitioners but it was persuaded to issue directions on humanitarian ground which were in effect destructive of its own findings and the law laid down by it
The Full Bench issued directions permitting the students to appear at the examination and directing the appellant authorities to make a special provision for supplementary examination
These directions in our opinion were unauthorised and wholly unjustified
The practice of admitting students by unauthorised educational Institutions and then seeking permission for permitting the students to appear at the examination has been looked with disfavour by this Court
235 In Nageshwaramma vs State of Andhra Pradesh 1986 Supl
SCC 166 this Court observed that if permission was granted to the student of an unrecognised Institution to appear at the examination it would amount to encouraging and condoning the establishment of unauthorised institutions
The Court declared that the Jurisdiction of this Court under Article 32 or of the High Court under Article 226 of the Constitution should not be frittered away for such of purpose
In AP Christains Medical Educational Society vs Government of Andhra Pradesh  Anr  a similar request made on behalf of the institution and the student for permitting them to appear at the examination even though affiliation had not been granted was rejected by this court
The court observed that any direction of the nature sought for permitting the students to appear at the examination without the institution being affiliated or recognised would be in clear transgression of the provision of the Act and the regulations
The Court cannot be a party to direct the students to disobey the statute as that would be destructive of the rule of law
The full Bench noted these decisions and observations and yet is granted relief to the students on humanitarian ground Courts can not grant relief to a party on humanitarian grounds contrary to law
Since the students of unrecognised institutions were legally not entitled to appear at the examination held by the Education Department of the Government the High Court acted in violation of law in granting permission to such students for appearing at the public examination
The directions issued by the full Bench are destructive of the rule of law
Since the Division Benchissued the impugned orders following the judgment of the Full Bench the impugned orders are not sustainable in law
Nalini Chidambaram contended that under Section 9 of the Tamil Nadu Act a minority community is entitled to establish an educational institution without obtaining permission from the Government and the students of such institution are entitled to appear at the public examinations
We find no merit in the submission
Under Article 30 of the Constitution minorities based on religion or language have fundamental freedom to establish educational institutions their own choice but the State has right to prescribe regulatory provisions for ensuring educational excellence
Minority institutions which do not seek recognition are free to function according to their own choice but if such an institution seeks recognition from the State it has to comply with prescribed conditions for granting recognition and in that event the minority institution has to follow prescribed syllabus for examination courses of study and other allied matters
These conditions are necessary to be followed to ensure efficiency and educational standard in 236 minority institutions
See All Bihar Christian Schools Association  Anr
vs State of Bihar  Ors
 1988 1 SCC 206
We are therefore of the opinion that even if a minority community has fundamental right to establish and administer educational institution it has no right to insist upon the State to allow students to appear at the public examinations without recognition or without complying with the conditions prescribed for such recognition
We accordingly allow the appeals and set aside the order of the High Court and dismiss the writ petitions filed by the respondents
There will be no order as to costs
GN Appeals allowed


Summary:
The DTC Workers  Union and some of its members have filed this Writ Petition under Article 32 of the Constitution praying as the main relief for issue of a Writ of Mandamus or Direction to the respondent Corporation to implement wef 1186 the recommendations of the Fourth Pay Commission as approved by the Government of India to the Central Government employees as per the undertakings given to its employees vide Office Orders No
PLD IX 4658310589 dated 1591983 and DGMIR8490 dated 721984
Relying on the undertakings given in the said Office Orders it has been contended on behalf of the petitioners that the DTC employees will be entitled not only to new pay scales as recommended by the Fourth Pay Commission to the corresponding categories in the Central Government but more in the shape of interim reliefs which they has enjoyed during the period of interregnum between their original pay scale and the new pay scales
On behalf of the Corporation it has been submitted that all the reliefs which its employees had earlier received be it additional payment in the nature of interim relief in the sum of Rs50 or Rs70 as the case may be or the revised interim pay scale pending adoption of the new scale recommended by the Fourth Pay Commission would merge into the new scale and they would have no entitlement to any additional payment as any such differential treatment will be discriminatory and therefore unsustainable
Disposing of the Writ Petition this Court HELD The overriding consideration behind the Order dated 721984 is that as in the case of all Government employees so in the case of the Corporation employees the new scales recommended by the Fourth Pay Commission should be fully implemented
Whatever may be the amounts actually payable in terms to the interim reliefs the 985 employees of the Corporation should neither be paid less nor more than the Government employees in the corresponding categories989C All employees whether retained on the original pay scale or placed on the revised interim pay scale during the period preceding 1186 will be placed on the pay scale adopted as per the recommendations of the Fourth Pay Commission in such a way that will be fitted exactly in positions corresponding to their positions on the earlier pay scales
But the corresponding positions in the new pay scale will naturally carry better emoluments so as to maintain parity with the Government employees in like categories
We have no doubt that the recommendations of the Fourth Pay Commission will be fully implemented in terms thereof
989D E