1 1.D.B.Civil Special Appeal(Writ) No.440/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 2.D.B.Civil Special Appeal(Writ) No.441/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 3.D.B.Civil Special Appeal(Writ) No.442/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 4.D.B.Civil Special Appeal(Writ) No.446/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 5.D.B.Civil Special Appeal(Writ) No.684/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 6.D.B.Civil Special Appeal(Writ) No.686/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 7.D.B.Civil Special Appeal(Writ) No.682/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 8.D.B.Civil Special Appeal(Writ) No.1121/2008 State of Raj. & anr. V/s The D.A.V.College Managing Committee & ors. 10.9.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.M.S.Raghav, Addl.Advocate General for the appellants. Mr.Arjun Karnani ) Mr.Prahlad Singh )-for the respondents. Heard learned counsel for the parties. All these appeals since arise out of the common order, they were heard together and are being disposed of by this order. The employees of respondent no.1-Educational Institution, who are arrayed as respondent no.2 in these appeals, approached the Rajasthan Non-Government Educational Institution Tribunal, Jaipur by filing applications under section 21 of the Rajasthan Non- Government Educational Institutions Act, 1989 claiming 2 payment of arrears of salary pursuant to revision of pay scale for the period from 1st January,1996 to 31st December,2001. The Tribunal by its judgment dated 19th October, 2005 allowed their applications and directed the respondent no.1-Educational Institution to pay them arrears of salary, as per the norms fixed by UGC, for the aforesaid period within a period of three months. Thereafter, the respondent no.1-Educational Institution approached the Government for proportionate grant-in-aid against the aforesaid amount of arrears. The Government by its order dated 5th February, 2002 although sanctioned the grant-in-aid payable to the employees with effect from 1st January,2002, but by subsequent order dated 13.5.2003 declined to pay the grant-in-aid for the aforesaid period. Aggrieved thereby, respondent no.1 Educational Institution filed writ applications before this Court with the prayer that the State Government be directed to pay the arrears for the aforesaid period and the aforesaid order refusing to do so be quashed and set aside. The learned Single Judge of this Court allowed the writ applications filed by the respondent no.1 Educational Institution and the appellant-State of Rajasthan was directed to sanction grant-in-aid and release the contributions to the extent of 90% to the respondent no.1 Educational Institution with effect from 1st January, 1996, rather than from 1st January, 2002 within two months. The respondent no.1 Educational Institution was also directed to pay arrears to their employees within one month thereafter. Upon hearing the parties and going through the record and documents placed alongwith these appeals, it appears that the controversy raised herein is squarely covered by 3 the decision of Full Bench of this Court in S.R.Higher Secondary School & anr. V/s Raj.Non-Government Educational Institutions Tribunal, Jaipur and 23 others (WLC (Raj.) 2002(3) 586) where it was held that though the private Educational Institutions cannot claim grant-in-aid from the Government as a matter of right, but at the same time, the Government cannot refuse such grant arbitrarily or without there being any justifiable reason. The sanctioning authority has power to fix the extent of grant by exercising its discretion as provided for under sub- sections (3) and (4) of Section 7 of the Act, but it cannot decline to pay the same. We have recently dismissed three similar appeals filed by the State of Rajasthan by judgment dated 2nd September, 2008 passed in D.B.Civil Special Appeal (writ) No.292/07 State of Raj. & anr. V/s Management Committee M.K.Saboo P.G.College, Pilani and two other appeals, in which also the Government contested the claim for payment of grant-in-aid to the Educational Institution consequent upon the implementation of UGC pay scale with effect from 1.1.1996. It was held that once the scheme of UGC proposed by Central Government was accepted by the State Government and on that basis, such benefits were paid to their teachers working in Government Colleges, the Government cannot shirk its responsibility of making payment of grant-in-aid to private colleges for such payment to the teachers working with them and insistence of the State Government that the liability towards such payment should be borne by the private colleges was held to be illegal. Since the questions involved in these appeals are squarely covered by the decisions of Full Bench and Division Bench of this Court as referred to above, in our view, no interference would be required with the order 4 impugned as the cases will be governed as per ratio laid down by this court in the cases referred to above. These appeals accordingly are dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar