1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2636/2000 Madan Mohan Ranga vs. State Date of order : 21/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri D.P. Sharma for the petitioner. ****** This writ petition has been filed by the petitioner who was earlier serving in a recognized and aided non-government educational institution but has since retired. In the present writ petition, the petitioner has challenged the Circular of the Government dated 29.7.1990 by which the government clarified that the conditions of salary, dearness allowance, house rent allowance and city compensatory allowance was made for the employees of the aided educational institutions and the same would not be less than what is paid to the teacher in their category working in the government schools. However, such condition would not be applicable to non-government and un-aided institutions who shall be liable to follow the conditions which are imposed on them at the time of grant of recognition. This Circular was issued on 29.7.1998. The Rajasthan Non-Government Educational Institutions Act, 1989 was enforced on 1.1.1993 and the rules framed thereunder were enforced on 1.4.1993. Learned counsel argued that Circular in all respects is 2 contrary to the scheme of the Act and the Rules. If that be so, it goes without saying that the provisions continued in the Rules would take precedence over any Circular which is contrary to the Act and the Rules can be enforced. However on being pointed asked, learned counsel for the petitioner submitted that the petitioner himself has not been personally affected and he has filed this writ petition for general interest. I therefore need not examine the correctness of the Circular in greater details as such since challenge thereto is not made by any of the affected persons. The petitioner otherwise who is a government servant has retired from service cannot be said to be aggrieved person. The present writ petition is disposed of with the aforesaid observations. (MOHAMMAD RAFIQ), J. RS/