JUDGMENT 1. - This writ petition is in the nature of public interest litigation, wherein the petitioner has prayed for issuance of an appropriate writ, order or direction directing the State Government to create posts of Lecturer (senior scale) and Lecturer (selection scale) with effect from 1st January, 1986 and to give appointments on these posts as per the provisions made by way of career advancement as referred to in the press release Annx. 2, with all consequential benefits to those who are entitled for the same, including the petitioner. The petitioner has further prayed for a direction whereby the State Government be directed to make applicable the rules to the non-government colleges also. 2. Briefly stated the facts of the case are that the petitioner is a Lecturer in the Government college at Kotputli. As a Lecturer, he was placed in the pay scale of Rs. 700-1600 in the year 1983, notionally. This was as per the pay scale recommended by the University Grant Commission (for short, the UGC). By virtue of the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules 1988 (for short, the Rules). the petitioner became entitled to get what has been described as revised UGC Pay Scale of Rs. 2200-75-2800-100-4000. In terms of the Rules 5 and 6 of the Rules as from the commencement of the Rules, the revised pay scale (UGC) for every post shall be indicated in Column 4 of the Schedule, which is as follows:- S. No. Name of the post Existing pay scale Revised UGC Pay Scale 1 2 3 4 1 Principal of Post Graduate College 1500-2500 4500-150-5700-200-7300 2 Principal of Degree College/Vice Principal of Post Graduate College/Degree College 1200-1900 3700-125-4950-150-5700 3 Lecturer (Ordinary Scale) 700-1600 2200-75-2800-100-4000 4 Lecturer (Senior Scale),- 3000-100-3500-125-5000 5 Lecturer (Selection Scale) - 3700-125-4950-150-5700 3. The aforesaid schedule is attached to the Notification/Memorandum dated 3rd June 1988. In accordance with the said Notification, a Government College teacher shall draw pay scale in the revised pay scale applicable to the post which he is holding on the 1st day of January, 1986 and/or on which post he is appointed on or after 1st of January, 1986. It would be apparent from a perusal of the above schedule that there is no existing pay scale of Lecturer (Senior Scale) and Lecturer (Selection Scale) as there are no posts carrying this designation. It would be apparent from a perusal of the above schedule that there is no existing pay scale of Lecturer (Senior Scale) and Lecturer (Selection Scale) as there are no posts carrying this designation. It may further be mentioned here that so far as the Government Colleges in Rajasthan are concerned and for that matter the private colleges in Rajasthan are concerned, none of them have any post bearing the nomenclature of Lecturer (Senior Scale) and Lecturer (Selection Scale). The petitioner has further stated in the petition that vide the communication dated 3rd June, 1988, whereby the sanction of the Governor of Rajasthan for conversion of 286 posts of Head of Department created by the Education (Gr-IV) Department order dated 13th November, 1984 into that of selection scale. Rs. 3700-5700 has been conveyed. It has further been mentioned that the same communication carries the direction of the Governor of Rajasthan to convey the sanction of pay of Lecturer promoted to the post of Head of Department (now converted into Selection Scale Lecturer) and a further direction in the said communication that the pay of a Head of Department now converted into selection scale lecturer may be fixed in the selection scale of the Lecturer with effect from the date of their respective promotions to the posts of Head of Department. A reference has been made to career advancement, which is contained in Annx. 4 annexed to the writ petition, which provides that every lecturer in the senior scale will be eligible for promotion to the post of Reader in the scale of 3700-5700 if he/she has:- (a) completed 8 years of service in the senior scale, provided that the requirement of 8 years will be relaxed if the total service of the lecturer is not less than 16 years; (b) obtained a Ph. D. Degree, or an equivalent published work; (c) made some work of the areas of scholarship and research as evidenced by self-assessment, reports of reference, quality of publication, contribution to educational renovation, design of new courses and curricula, etc., (d) participated in two refresher courses/summer institutes each of approximately 4 weeks' duration, or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC, after placement in the Senior Scale; and (e) consistently good performance appraisal reports. 4. 4. It also provides for placement of Lecturer in senior scale and selection scale as well as for promotion to the post of Reader and provides that the required number of posts should be created by upgrading the posts held by the incumbent concerned. It also contains other guide-lines regarding promotion to the post of Reader and other matters. The petitioner has also made reference to the communication dated 22nd July 1988. whereby revision of pay scales of teachers in University colleges and other measures for maintenance of standards in higher education has again been brought by the Government of India, Ministry of Human Resources Development (Department of Education). New Delhi. The grievance of the petitioner, as disclosed in the writ petition, may be summarised as follows:- (a) Firstly, there being no posts of Lecturers in the University. the petitioner does not know as to when he would be appointed on the said post and in the absence of rules, he also does not know how the appointments will be made ? (b) Secondly, the petitioner cannot be, as at present advised, expected to be appointed as Lecturer (selection scale), as firstly there are no posts as such except that 286 posts converted in the aforesaid manner are there, which, of course, strand already occupied and now the appointment to all these posts will be made in the event of the incumbent in office vacating the post. No doubt, rule 12 of the Rules, does envisage something to be done in the matter but that has not been done so far. (c) Thirdly, even if the Rajasthan Education Service (College Branch) Rules, 1986 were to be read as referring to the Lecturers (Senior Scale); and the Lecturers (Selection Scale) by deeming some posts in the said collegiate branch as corresponding to them, that is the there conjecture and at any rate these rules also do not contain any provision in terms of the Career Advancement, referred to in the Press Note, (Annx. 2), referred to hereinabove. 5. In the circumstances, the petitioner has prayed that direction be issued to the State Government to create posts of Lecturers (senior scale) and Lecturers (selection scale) and further direction to make provision for appointment of Lecturers to senior scale on his completing 8 years' service and to a selection scale on his completing 20 years of service. 5. In the circumstances, the petitioner has prayed that direction be issued to the State Government to create posts of Lecturers (senior scale) and Lecturers (selection scale) and further direction to make provision for appointment of Lecturers to senior scale on his completing 8 years' service and to a selection scale on his completing 20 years of service. The petitioner has also desired that direction be given to the State Government that the benefit of the aforesaid pay scales be not only confined to the teachers in the Government Colleges, but the Government should simultaneously make some provision in regard to non-government institutions in the State of Rajasthan as the teachers in the non-government colleges are also discharging the same duties as the teachers in the Government colleges. 6. Shri Mridul, learned counsel for the petitioner, has also pointed out that the State Government has complied part of the guidelines issued by the Ministry of Human Resources Development (Department of Education). Government of India, but has not complied with other part of the policy decision/recommendation to the effect that all Lecturers in the existing pay scale of Rs. 700-1600 who have completed 8 years' of service as on 1st January, l986, would be eligible to be fixed in the grade of Rs. 3000-5000 in accordance with the provisions of paras 11 and 12 of the said guide-lines. 7. Notices were issued to the respondent to show cause as to why the writ petition should not be admitted. In reply to the show cause notice, the respondent has filed written statement to the writ petition. In the reply, it has been admitted that the Government of Rajasthan has issued necessary orders/rules of New Pay Scales on 3rd June, 1988. Annx. R/l contains the rules issued for University teachers and Annx. R/2 refers to the rules relating to the Government colleges and Annx. R/3 relates to the aided private colleges. It has also been admitted that Annx. R/ 1, Annx. R/2 and Annx. R/3 were issued in pursuance of the UGC guidelines. It has further been admitted that looking to the stagnation of Lecturers for a longer period two new pay scales i.e. senior scale and selection scale have been provided on the guide-lines of UGC. It has also been admitted that Annx. R/ 1, Annx. R/2 and Annx. R/3 were issued in pursuance of the UGC guidelines. It has further been admitted that looking to the stagnation of Lecturers for a longer period two new pay scales i.e. senior scale and selection scale have been provided on the guide-lines of UGC. In para 5 (c) of the written statement, it has also been admitted that 286 posts of Lecturers have been converted into post of Head of Department but the new posts were not created. In the reply. it has been submitted that the Rajasthan Education Service Rules, 1986 are under process of amendment as guide-lines of UGC of 1987 and, under the guide-lines the procedure for giving promotion to senior scale and selection scale is under active consideration of the State Government. It is further mentioned that the guide-lines of the UGC do not suggest promotion with immediate effect, and for that procedure has yet to be evolved by the UGC. In short, in the reply the defence seems to be that the new posts for selection and senior scales have not been created because the procedure has not been evolved by the UGC as yet. 8. Shri Mridul, learned counsel for the petitioner, has submitted that the very fact that when part of the guidelines have been implemented there should be no hitch in implementing the other part of the guide-lines for giving benefit to the other Lecturers employed in the Government Colleges. The submission of Shri Mridul is that in the various communications annexed to the writ petition such as Annx. 1, Annx. 2 & Annx. 3 and the Annexures filed by the respondents, viz., Annx. R/1 to Annx. R/3 and also the communication issued by the Ministry of Human Resources Development (Department of Education) dated 17th June, 1987, enough guide-lines to carry out the recommendations have been provided. 9. Shri M. I. Khan, learned Addl. Advocate General has submitted that new posts could not be created because there are no proper guidelines as yet issued by the UGC. 10. We have given our thoughtful consideration to the respective submissions made by the learned counsel for the parties. 11. From the narration of facts and pleadings of the parties, there is no dispute about the following:- 1. 10. We have given our thoughtful consideration to the respective submissions made by the learned counsel for the parties. 11. From the narration of facts and pleadings of the parties, there is no dispute about the following:- 1. That the Government has applied part of the guide-lines issued by the Ministry of Human Resources Development (Department of Education) Government of India inasmuch as senior scale and selection scale posts have been created and benefits have been given to the Lecturers in the University. 2. That the respondent has admitted that as per the UGC guidelines, new posts in senior scale and selection scale are to be created. However, the State has admitted that the procedure for giving promotion is under active consideration before the UGC, Central Government and the State Government. 12. In view of the defence set up by the respondent, it is evident that the only impediment in the matter of creation of posts of senior scale and selection scale is that procedure has not been envolved J by the UGC and consequently, it is not possible for the State Government, in the absence of proper procedure and guidelines, to create new posts in senior scale and selection scale. We do not think that this defence is sustainable in view of the fact that even in the absence of guidelines the State Government has already implemented the guide-lines for creation of pots for senior scale and selection scale in the Universities. Further in the guide-lines or in the press release issued by the Ministry of Human Resources Development (Department of Education) or in any other communication issued either by the UGC or by the Central Government, there is no indication that the UGC or the Central Government would be issuing directions for creation of new posts. It is for the Government to evolve the procedure for creation of posts for senior scale and selection scale. From Annexures R/l to R/3, the intention of the Government seems to be quite clear that the State Government has a desire to revise the pay scale of Vice-Chancellor and teachers of the Universities in the State and also to effect revision of pay scale of teaching staff of the Govt. Colleges and also that of teachers of non-Government aided colleges/institutions. From Annx. Colleges and also that of teachers of non-Government aided colleges/institutions. From Annx. 2, press release issued by the Ministry of Human Resources Development (Department of Education), it is clear that there is a mandate of the Central Govt. to give opportunities for two promotions to a Lecturer to a senior scale and selection scale. There are also guide-lines provided therein. As per Annx. 2 Press release it is also evident from financial (sic) constraint cannot be a ground to deny the benefit of promotion to senior scale and selection scale to the Lecturers as the Central Govt. has clearly indicated that financial assistance to the extent of 800 of the additional expenditure will be available to the State Government to implement the revised pay scales. We are, therefore, of the opinion that the State Government cannot deny the benefit of promotion simply on the ground that it has not created the posts for senior scale and selection scale in the absence of proper guide-lines. It was the duty of the respondent to have created the posts for senior scale and selection scale at the same time when it created the posts for senior scale and selection scale to the Lecturers in the Universities by evolving procedure or by framing rules in this regard. For this purpose, we are of the opinion that no guide-lines are needed from the UGC or the Central Government. Thus, not applying the Government of India's directions and (not) promoting the teachers of the Government colleges and treating them differently is wholly unconscionable and violative of the provisions of Articles 14 and 16 of the Constitution of India. The petitioner in the writ petition has also asserted that the teachers of the non-government colleges should also be given the benefit of promotion and the pay scale as teachers in the non-government colleges are discharging the same duties as the teachers in the Govt. Colleges are doing. We do not want to express our opinion in this regard as the organisers of the non-government colleges are not parties to the writ petition. However, for non-government aided colleges, we may make it clear that Annx. R,3 is there on the record, which is as under:- "GOVERNMENT OF RAJASTHAN EDUCATION (GR. V) DEPTT. No.F. 11 (16) Edu. Gr. We do not want to express our opinion in this regard as the organisers of the non-government colleges are not parties to the writ petition. However, for non-government aided colleges, we may make it clear that Annx. R,3 is there on the record, which is as under:- "GOVERNMENT OF RAJASTHAN EDUCATION (GR. V) DEPTT. No.F. 11 (16) Edu. Gr. V/88 Jaipur, dated the 6 Aug., 1988 ORDER Sub:-Grant of revised UGC pay scales to the teachers of the non-government aided Colleges/institutions. The Governor has been pleased to order that the scales of pay for the teaching staff of the non-government aided educational colleges, who are drawing pay in the scales of pay prescribed vide this department order No. F. 3 (19) Edu/Gr. III/77, dated 5.4.1978 in terms of this order may be revised w. e. f. 1.1.1986 as are admissible to the teachers of the Government colleges in accordance with Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules, 1988 issued vide Finance Department Notification No. 19 (1) FD (Gr. 2)/88-1, dated 3/6/1988 (copy enclosed). The pay in the revised scales of pay shall be fixed in the manner indicated in the aforesaid rules. Other provisions contained in these rules shall also be followed wherever relevant. The revision of the scales of pay as above shall be subject to the following conditions:- (1) The arrears for the period upto December, 1986 resulting from the revision of the pay scales shall be credited to the respective General Provident Fund Account of the employees. (2) Conditions prescribed in this department Order No. F. 3 (19) Edu/ Gr. III/77, dated 5.4.78 will be applicable, wherever relevant; and (3) Dearness allowance shall be admissible in the pay in the revised scales of pay in terms of Finance Department Order No. F. 19 (1) FD (Gr.2)/ 88-III, day 3.6.1988. This issues with the concurrence of Finance Department (Gr. 2) vide their I.D. No. 1305. dated 1-9/7/1988." 13. III/77, dated 5.4.78 will be applicable, wherever relevant; and (3) Dearness allowance shall be admissible in the pay in the revised scales of pay in terms of Finance Department Order No. F. 19 (1) FD (Gr.2)/ 88-III, day 3.6.1988. This issues with the concurrence of Finance Department (Gr. 2) vide their I.D. No. 1305. dated 1-9/7/1988." 13. In D.B. Civil Writ Petition No. 2027/1988, Prakash Chaturvedi v. The State of Rajasthan and another decided by this Court on 19th December, 1988 , the above order dated 6th August, 1988 was considered in the light of the order dated 16th December, 1987 passed in D.B. Civil Writ Petition No. 443/1987, Rajasthan University and College Teachers Association v. State and this Court made the following observations:- "We are glad that the Government has at least passed order on 6.8.1988 by which it has been ordered that the scales of pay to the teaching staff of the non-government aided educational institutions who are drawing pay in scales of pay prescribed under the order dated 5.4.87 should be revised w.e.f. 1.1.1986 as are admissible to the teachers of the Government colleges in accordance with the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules 1988. We further direct that the Govt. will see that fixation of pay and all allowances as referred to hereinabove and conditions of service with regard to all the college teachers of non- Government colleges be made as early as passible and not beyond 31.3.1989 and that payments be also made thereafter not later than 30.6.1989." 14. Thus, in view of the aforesaid observations no further directions are required to be passed for implementation of order dated 6th August 1988 whereby the revised UGC pay scales have been made applicable to the teachers of the non-government aided colleges/institutions. 15. From the decisions, as referred to above, it stands concluded that teachers of colleges receiving grant-in-aid are entitled to the pay and allowances and other service conditions as are admissible to the persons employed in Government colleges. 16. 15. From the decisions, as referred to above, it stands concluded that teachers of colleges receiving grant-in-aid are entitled to the pay and allowances and other service conditions as are admissible to the persons employed in Government colleges. 16. In the premises aforesaid, we partly allow the writ petition and direct the respondent to create posts of Lecturer senior scale and lecturer selection scale in Government colleges within a period of four months from the date of this order and to give appointment on these posts in terms of the provisions made in Career Advancement referred to in the press release Annx. 2 with all consequential benefits to those who may be found entitled on or before 10/6/1989. We direct the respondent to issue direction for the creation of posts of Lecturer senior scale and Lecturer selection scale in colleges receiving grant-in-aid and to give appointment on these posts with all consequential benefits within a reasonable time. 17. In the facts and circumstances of the case, we leave the parties to bear their own costs.Petition partly allowed. *******