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Rajasthan High Court · body

1991 DIGILAW 211 (RAJ)

Kalicharan Bhattacharya v. State of Rajasthan

1991-02-22

D.L.MEHTA

body1991
JUDGMENT 1. - Petitioner is a Lecturer in Sanskrit College. He has prayed that the pay scales of Lecturers in Sanskrit Colleges should be equal to the pay scales of Lecturers teaching in the faculty of Arts. The prayer of the petitioner is only based on the principle of equal pay for equal work as directed under Article 39(d) read with Article 14 of the Constitution of India. Before taking into consideration the facts of the present case it is necessary to understand the provisions of University of Rajasthan Act and Ordinances issued there under.Chapter-XII- Faculty of Arts, finds place under Ordinance 45. In Item No.3 of Ordinance 45, Classical language (such as Sanskrit, Arabic and Persian find place. Thus, Sanskrit is one of the subjects taught in Degree Class of general faculties of Arts. In Chapter-XVIII-A, Ordinance 51-A there is a separate Faculty of Sanskrit studies also. There are 22 subjects in the faculty of Sanskrit. Following degrees are assigned: 1. Shastri 2. Acharya 3. Vidyavaridhi 4. Vachaspati 2. Degree of Shastri has been equated with the degree of B.A. in Sanskrit. Similarly, Degree of Acharya has been equated with the degree of M.A. in Sanskrit. Degree of Vidliya Varid hi has been equated with the degree of Ph.D. in Sanskrit and Degree of vachaspati has been equated with the degree of D. Litt. in Sanskrit. Under Ordinance-52 the Boards of Studies has been provided for the following subjects of Faculty:- 1. English, 2. Hindi, 3. Philosophy 4. Sanskrit, 5. Urdu, Persian and Arabic 3. Under Ordinance-65, the qualifications required for the purpose of Lecturer in the Faculty of Arts/Faculty of Social Sciences and Faculty of Fine Arts is as under:A. For Lecturers (other than those for Drawing and Painting, Music and Home Science: (a) Good academic record with at least a high second Class (with a minimum of 54% marks) Master's degree in the subject concerned of an Indian University or an equivalent degree of a foreign University; (N A Ph.D./M.Phil./M. Litt. degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidate for independent research work; 4. degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidate for independent research work; 4. It further provides that if a candidate passing qualification at (b) is not available or is not considered suitable for appointment, the appointing authority on the recommendation of the Selection Committee may appoint a person who fulfils the requirement as given in (a) on the conditions that he will have to obtain a Ph.D./M.Phil./M.Litt. or a recognised degree beyond the Masters' level within five years of his appointment, failing which he will not be able to earn future increments till be obtains that degree or gives evidence of published work of high standard indicating the capacity of the candidate for independent research work. Ordinarily the degree of M. Phil. is preferred. However, there may be relaxation as stated above. 5. Petitioner has submitted written arguments and submitted before me some documents. I will not like to take into consideration these documents as they were submitted after the arguments. 6. Petitioner in Para-4 of his Writ Petition has submitted that there are following similarities in the placement of the Shastri Colleges, Acharya Colleges and Shiksha Shastri Training College in the Sanskrit Education Department : (a) Like General Education the duration of the Course in the Sanskrit Education is of five years and the courses are determined by the University of Rajasthan. (b) The examinations for Shastri and Acharya standards are held by the University of Rajasthan as is done in the case of B.A. and M.A. and equivalent Degrees. The examination for Shiksha Shastri training is held by the University of Rajasthan as is done for REd. Training. (c) After Post Graduation the Research degrees of Vidhyavaridhi and Vid-hyavachaspati are awarded in the same manner as is done in the case of Ph.D. and D. Litt. (d) All the Shastri and Acharya Standard College and Shiksha Shastri Training Colleges are affiliated to the University of Rajasthan in the same manner as Degree and Post Graduate Colleges are affiliated. (e) For the purpose of appointment against the various Teaching Posts in the Sanskrit Education (at the College Level) are laid down by the University of Rajasthan as is done in the case of Teachers for Degree and Post Graduate Colleges. (e) For the purpose of appointment against the various Teaching Posts in the Sanskrit Education (at the College Level) are laid down by the University of Rajasthan as is done in the case of Teachers for Degree and Post Graduate Colleges. (f) The Teachers in the Sanskrit Education at the College level arc represented in the Faculty, Board of Studies, Academic Council, Research Board, Board of Inspection, Syndicate and Senate of the University of Rajasthan in the same manner as the General Education Teachers are represented. (g) So far as Teaching Programme is concerned, it is similar for the Shastri and Acharya Colleges in comparison to Degree and Post Graduate Colleges. The examinations are conducted in the same manner. The scope for the examinees in identical. 7. Respondents have admitted the similarities mentioned in Para - 4 of the Writ Petition. However, they have submitted in Para - 5 of the reply that the Lecturers, Supervisors and Principals working in Sanskrit Education Department are not at par with their counter parts in the general education department with regard to their status, the mode of recruitment, duties, workload, responsibilities etc. It was also submitted by the respondents that the mode of appointments are governed by different service Rules. 8. Mr. B.P. Agrawal, Advocate General, appearing on behalf of respondents, referred before me the Rajasthan Subordinate Sanskrit Education Service Rules, 1978 and Rajasthan Sanskrit Education Rules, 1977. Mr. Agrawal submits that the post of Lecturer of Acharya/Shastri College finds place in subordinate services and not in State Service. His second contention is that the mode of recruitment is also different as 50% posts are filled by promotion and 50% by direct recruitment's. He submits that the Director of Education is the appointing authority being head of the Department as this post finds place in Sanskrit Education Subordinate Service Rules, 1978. He submits that the Rajasthan Sanskrit Education Service Rules, 1977 deal with the posts which fall within the State Services. 9. Mr. Agrawal further submits that there is no degree equivalent to M.Phil. which may be preferred or may be necessary in the matter of appointment of Lecturers in general Colleges, where Sanskrit subject finds place as one of the subjects. 10. Mr. 9. Mr. Agrawal further submits that there is no degree equivalent to M.Phil. which may be preferred or may be necessary in the matter of appointment of Lecturers in general Colleges, where Sanskrit subject finds place as one of the subjects. 10. Mr. Bhandari, appearing on behalf of the petitioner, has invited my attention to Rajasthan Civil service (Revised Pay Scale) Rules, 1989 and submits that the Rajasthan Sanskrit Subordinate Service Rules, 19Th are now no more good Rules. He submits that the pest of Lecturer finds place in the State Service under the Rules of 1989 published in Rajasthan Rajpatra dated, 23.9.89. He submits that now the Lecturers of Acharya/Shastri Colleges finds place in the State Service and they have been shown in the Rules of 1989 and not in Rajasthan Sanskrit Education Subordinate Service Rules. Mr. Bhandari further submits that under Rajasthan Civil Service Revised Pay Scale Rules 1983 also the post of Lecturer finds place in the State Service and not in subordinate service. 11. Mr. Bhandari's contention is that after the coming into force of the Rules of 1983 and Rules of 1989, Rules of 1978 stand repealed to the extent of inconsistency with the Rules of 1983 and Rules of 1989. He further submits that the Rajasthan Educational Service (Collegiate Branch) Rules, 1986 came into force with retrospective effect. It provides under Rule 1 Clause (2) that, it shall be deemed to have come into force on 1.9.76, except Rule-26 and Entry No. 4 of the Schedule appended to these Rules, Mr. Bhandari further submits that these Rules are called, Rajasthan Educational Service (Collegiate Branch) Rules, 1986. He submits that under Rule - 2 Clause (c), the world "college" has been defined as under : "College" means a degree or Post Graduate College. He submits that Sanskrit College is a College and it awards a degree as well as Post Graduate Degree like other general Colleges. Mr. Bhandari submits that the Rajasthan Educational Service (Collegiate Branch) Rules, 1986 will also apply to the Sanskrit Colleges. 12. I have heard rival contentions of both the parties. 13. He submits that Sanskrit College is a College and it awards a degree as well as Post Graduate Degree like other general Colleges. Mr. Bhandari submits that the Rajasthan Educational Service (Collegiate Branch) Rules, 1986 will also apply to the Sanskrit Colleges. 12. I have heard rival contentions of both the parties. 13. In Webster's New International Dictionary the word "College" has been defined as under: "A collection, body or society of persons engaged in common pursuit or having common duties and interests and sometimes by charter, peculiar rights and privileges, such as collection treated in one or more respects as a unit. A body of clergy living in common on a foundation. A society of scholars, or friends of learning, incorporated for study or instruction, esp. in the higher branches of knowledge. In Great Britain College was originally a Corporation founded to aid its members to pursue University studies. When founded at a University Centre, such Colleges came to admit students not on the foundation and eventually entered as self governing society into the University examination, as at Oxford and Cambridge. Apart from the University they developed into the independent schools. In the case of University with but a single (or a single surviving) college. The term "College becomes practically synonymous. Finally College is applied to an institution of higher learning affiliated with a University. In the United States, the College is primarily an institution of higher learning receiving approved graduates of preparatory schools and offering instructions in Arts, letters, and science and leading to the Bachelor's degree; there is, however, no clear line of demarcation as institutions have retained the name 'college' while extending their instructions to. University scope. In the Universities, the name college' is usually given to the division of the institution which provides instructions in the liberal Arts and sciences, leading to the Bachelor's degree; in some Universities. College may be an institution for special instructions, usually of a professional kind; as a college of Theology; a business college. In Colleges, generally, the admission is given after high School or Higher Secondary education. 14. In General Colleges Sanskritis one of the subjects like other subjects and degree is awarded after the passing in that subject. 15. We will have to distinguish between a School and a College. Teachers who are teaching in Schools arc called First Grade Teachers, Second Grade Teachers and Third Grade Teachers. 14. In General Colleges Sanskritis one of the subjects like other subjects and degree is awarded after the passing in that subject. 15. We will have to distinguish between a School and a College. Teachers who are teaching in Schools arc called First Grade Teachers, Second Grade Teachers and Third Grade Teachers. The teaching staff of the Colleges are called Lecturers, Readers and Professors, Associated, professionate. 16. Article 39(d) of the Constitution finds place in Part- IV, Directive Principles of State Policy. It directs the State to apply the doctrine of equal pay for equal work. Article 39 (d) will have to be read with Article 37 of the Constitution. It also finds place in Part-IV. Article 37 provides that the provisions contained in Part-IV shall not be enforceable by any Court, but the principles laid down there,in are "neverthless fundamental in governance of the country and it shall be the duty of the State to apply these principles in making laws". 17. We find the word "fundamental" in Chapter-Ill of the Constitution. The rights which are guaranteed under Chapter-Ill of the Constitution are guaranteed against the State action as distinguished from violation of such rights by private individuals. Chapter-Ill of the Constitution is injunction against the State not to violate the fundamental rights guaranteed under Chapter-Ill of the Constitution, particularly, Articles 14, 15, 16, 19 and 21 of the Constitution. Chapter-IV relates to the Directive Principles of State Policy. Directions given in Chapter-IV are fundamental in the Governance of the country. The word "fundamental" has been used in Article 37 to denote that the directions so given in Chapter-IV should be treated as should of the Constitution. 18. In Webster's Dictionary the word "fundamental" has been defined as a principle, rule, law or article which serves as the ground work of a system, essential part", Chapter-IV is a fundamental base of the Constitution and is essential part. Apart from that every system is based on the ground work and Chapter-IV serves as ground work of our Constitutional system. With this view in mind one will have to apply and interpreted the Constitution so that the soul of Constitution i.e. Chapter- IV may be considered as a light house and movements of all the acts may be governed by the light house. With this view in mind one will have to apply and interpreted the Constitution so that the soul of Constitution i.e. Chapter- IV may be considered as a light house and movements of all the acts may be governed by the light house. It will not be out of place here to mention that sometimes it is said that once Chapter-IV is implemented by law or any executive act, it becomes the fundamental law or a fundamental act. Fundamental law cannot be repealed by the ordinary process of law. However, this argument is there only for the purpose of giving due weightage to Chapter-IV of the Constitution and the directions given therein. We are not concerned at present about the fact whether any fundamental law enacted for the purpose of implementation of Chapter-IV can be repealed by ordinary law. 19. Mr. Bhandari appearing on behalf of the petitioner has cited before me the case of Randhir Singh v. Union of India ( AIR 1982 S.C. 879 ) . Hon'ble Supreme Court has held as under:- "Constiting Articles 14 and 16 in the light of the Preamble and Article 39(d), it is clear that the principle "Equal pay for Equal work" in deducible from those Articles and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the same employer. 20. It is true that equation of posts and equation of pay are matters primarily for the Executive Government and expert bodies like the pay Commission and not for courts, but, where all things are equal that is, where all relevant considerations arc the same persons holding identical posts may not be treated differentially in the matter of their pay merely because they belong to different departments. Of course, if officers of the same rank perform dissimilar functions and the powers, duties and responsibilities of the posts held by them vary, such officers may not be heard to complying of dissimilar pay merely because the posts are of the same rank and the nomenclature is the same". 21. Mr. Bhandari has also cited before me the case of Jaipal and others v. State of Haryana and others, ( AIR 1988 S.C. 1504 ) . 21. Mr. Bhandari has also cited before me the case of Jaipal and others v. State of Haryana and others, ( AIR 1988 S.C. 1504 ) . Their Lordships of the Supreme Court were considering the nature of duties and functions performed by instructors employed under the Adult and Non-formal Education Scheme of the Haryana State arc similar to those performed by Squad teachers working under the Social Education in that State. Their Lordships considered that the functions and duties of both the classes arc primarily directed to advance the cause of education to bring social awareness among the people in the rural areas and to create interest in various social economic and educational activities. Bringing adults to centre for educating them is a difficult takes and to impart education to drop-out children is not an easy job. Their Lordships considered that the instructors are required to carry out additional duties which are assigned to them by the department. Their Lordships held that having regard to these facts and circumstances, there is no difference in the nature of duties of the instructors and Squad' teachers and both of them carry out similar work under the same employer. Their Lordships have also considered that the made of recruitment of instructors is different from the mode of recruitment of Squad teachers is hardly relevant for the purpose of application of doctrine of equal pay for equal work. Thus, their Lordships held that the mode of recruitment is having little relevance. 22. Mr. Bhandari has also cited before me the case of Devendra Sharma and others v. Union of India and another (1988 (Sapp) Supreme Court Cases 750) . Their Lordships were considering the cases of Staff Artists of Doordarshan, viz. Sound Recordist, Lighting Assistant etc. Respondents faced writ petition by filing counter affidavit stating therein that they arc not of the same class as the employees of the Films Division. Respondents further submitted that there is no post of Sound Recordist in Film Division. It is averred that in Film Division there are three posts, namely, the Chief Sound Recordist, Recordist and Assistant Recordist. There was a further condition that the organisational structure is entirely different and it cannot be equated with the Film Division. Their Lordships considered that in the true spirit both are performing the similar duties and the nomenclature will not come in the way. There was a further condition that the organisational structure is entirely different and it cannot be equated with the Film Division. Their Lordships considered that in the true spirit both are performing the similar duties and the nomenclature will not come in the way. The Court granted relief to the petitioners applying the provisions of Article 39(d) read with Articles 14 and 16 of the Constitution of India. Mr. Bhandari has also cited before me the case of Dr. R.R. Gupta v. State of Rajasthan ( 1989(I) RLR 240 ) . Their Lordships accepted the writ petition and directed that the Associated Professors and Professors promoted under ex-cadre promotion scheme and those selected through direct recruitment are entitled to same pay scale. 23. The case of Food Corporation of India Workers' Union v. Food Corporation of India and others, ( AIR 1990 S.C. 2178 ) was brought to the notice of the Court. In this case the question involved was, whether the Corporation can invoke plea for industry-cum-region formula before Supreme Court. Writ Petition was accepted and directions were given to the respondent Corporation that the wages of departmentalised workmen employed in the depots in Bihar, Orissa, Assam, Delhi and U.P. should be revised along with the wages of the labour employed at Calcutta Ports and Port city godowns, where the wages of such workers are revised. 24. Mr. Agrawal, Advocate General, has cited before me the case of Hundraj Kanyalal Sajnani v. Union of India and others, (AIR I990 S.C. 1106) . It is a case of Income-tax Officers, Group-A and B. The contention was 'hat some times Group A and B Officers have equal powers. Generally, I.T.Cs. of Group-A are placed In-charge of important Words and cases carrying higher responsibilities. Whereas, the Officers belonging to Group-B are entrusted with the work of less importance. There was never an interchangeability of the two posts and they always remained separate. Their scales of pay have also been different and have been fixed keeping in view the distinction between the two Groups which belong to two different cadres. The distinction between Group-A and Group-B Officers has been in existence from the very beginning. The distinction has been maintained statutorily with distinct powers and jurisdiction, hierarchical position and eligibility qualifications. The sources of their appointment and the authorities vested with the power to appoint them have also been different. The distinction between Group-A and Group-B Officers has been in existence from the very beginning. The distinction has been maintained statutorily with distinct powers and jurisdiction, hierarchical position and eligibility qualifications. The sources of their appointment and the authorities vested with the power to appoint them have also been different. Their Lordships also considered that the Croup -A post is a selection post and the promote has to satisfy certain qualifications to be eligible for being considered for the said post. The two posts, therefore, always belonged to two different cadres carrying different scales of pay and other service conditions. Their Lordships held that it is not a case of the two posts being equal in status or of belonging to the same class. The Writ Petition filed by Group-B Officers was rejected. 25. Mr. Agrawal appearing on behalf of the respondents also cited before me the case of Crih Kalyan Kendra Worker's Union v. Union of India and others, (1991 (I) SVLR (Labour) 2 , decided by Hon'ble Supreme Court on 9.1.91. Their Lordships considered the detailed report of Hon'ble Chief Justice and came to the conclusion that both the posts cannot be placed at par. Their Lordships further held that equal pay for equal work is not expressly declared by the Constitution as a fundamental right, in view of the directive principles of State Policy as contained in Article 39 (d). of the Constitution, equal pay for equal work, has assumed the status of fundamental right. Their Lordships rejected the writ petition on the ground that both the posts cannot be equated. 26. I have heard the rival contentions of both the parties. Admittedly, the following similarities are there. 27. Sanskrit Subject in general Colleges is taught for five years, i.e. three years for Graduation and two years for Post Graduation. Sanskrit College is a specialised College for specialisation in Sanskrit and duration of the course is also five years. Examinations of Shastri and Acharya Standards are conducted by the University like B.A. and M.A. examinations and both the Degrees have been recognised equivalent to B.A. and M.A. Similarly, examinations for Shiksha Shastri Training is also conducted by the University and has been recognised as equivalent to B.Ed. degree. 28. Examinations of Shastri and Acharya Standards are conducted by the University like B.A. and M.A. examinations and both the Degrees have been recognised equivalent to B.A. and M.A. Similarly, examinations for Shiksha Shastri Training is also conducted by the University and has been recognised as equivalent to B.Ed. degree. 28. Post Graduation Research degrees of Vidya Varidhi and Vachaspati are awarded by the University in the same manner as is done in the case of Ph.D. and D. Litt and the same procedure is followed in these degrees, namely the degree of Vidya Varidhi and Vidya Vachaspati, which equivalent to the degree of Ph. D. and D. Litt. 29. The system of affiliation of Shastri and Acharya Colleges is the same like other general colleges. The qualifications and experience required are practically the same in the matter of appointment in various specialised Sanskrit Education Colleges. The qualifications are laid down by the University under the Ordinance. 30. Teaching staff of the Sanskrit Colleges is represented in the Faculty of Board of Studies, Academic Council Research Board, Board of Inspection, Syndicate and Senate of the University of Rajasthan in the same manner as teaching staff of other general Colleges. 31. Teaching programme and examination system is the same for Shastri and Acharya Colleges, like the Degree and Post Graduate Colleges. 32. Degrees are awarded by the University which are equivalent to the degree of B.A., Ph.D. and D. Litt. All these similarities have been admitted by the respondents in their reply. 33. We have already referred Ordinance-51, Ordinance 51A. The Faculty of Sanskrit Studies is a Faculty in the University just like Art Faculty where the Sanskrit is taught. Even in the Faculty of Sanskrit education the degree of Shiksha Shastri is awarded by the Sanskrit Colleges. 34. Chapter-IX of the Hand Book of the University of Rajasthan, Part-II, deals with the Board of Studies and relevant Sections of the Act are Sections, 25, 26, 35, 36, 49, 89, 90, 105 to 120 and 126. Section - 126 of the .Act provides for the Board of Studies in Sanskrit. Other sections deal with about the Constitution Penal of Commissioners etc. Thus, the faculty of Sanskrit Studies has been given a special status by inserting Ordinance 51A and Sanskrit Colleges took place in the Ordinance of University. In Sanskrit Colleges, subjects like Political Science, Hindi, History, Economics, Indian Political Science, English etc. Other sections deal with about the Constitution Penal of Commissioners etc. Thus, the faculty of Sanskrit Studies has been given a special status by inserting Ordinance 51A and Sanskrit Colleges took place in the Ordinance of University. In Sanskrit Colleges, subjects like Political Science, Hindi, History, Economics, Indian Political Science, English etc. are also taught. Thus, Sanskrit Colleges are not limited only in the matter of teaching Sanskrit Subject, but, 22 subjects are taught in Sanskrit Colleges. Thus, with a specialisation in Sanskrit other subjects are also taught like general Colleges. It is a Faculty of Art and Sanskrit Literature, which finds place in the Constitution of India in 8th Schedule at Item No. 11. To treat teachers of Sanskrit Colleges not at par with the teachers of other languages, may amount to discrimination against the Sanskrit language, which is said to be the mother of Indian languages. 35. Submission of the learned Advocate General that post of Lecturer of Sanskrit Colleges finds place in Rajasthan Sanskrit Education Service Rules, 1978, needs consideration. Rules of 1978 were enacted in exercise of the powers conferred under Article 309 of India by the State of Rajasthan. It is also true that at the relevant time the post of Lecturer finds place in sub ordinance service. How,ever, in Rajasthan Civil Service revised Pay Scale Rules, 1983 as well in the Rajasthan Civil Service Revised Pay Scale Rules, 1989, the post of Lecturer finds place in State Service and it does not find place in subordinate service. Thus, the Rules of 1983 and Rules of 1989 have been enacted by the State Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution. Thus, the subsequent Rules over-ride by implication the Rules of 1978 and the post of Lecturer should be deemed for all purposes, as State Service, otherwise, there will be no question of putting the post of Lecturer of Sanskrit Colleges as State Service under the Rules of 1983 and 1989. I do not find any force in the submissions made by the Advocate General that the post cannot be considered for all purposes the State Service. Once the post finds place in the State Service naturally, all consequences follow and the mode of appointment will be similar to other State Services of the Education Department and by implication the Rules of 1978 do not survive. Once the post finds place in the State Service naturally, all consequences follow and the mode of appointment will be similar to other State Services of the Education Department and by implication the Rules of 1978 do not survive. Apart from that, we are having the Rajasthan Educational Service (Collegiate Branch) Rules, 1986. In Rule-2(C) of the Rules 'College' means a degree or post graduate College. Sanskrit College is a College which awards the degree of graduation and post-graduation and is a college within the purview of definition of Rule- 2(C) of the Rules of 1986. It will not be out of place here to mention that the Rules of 1986 have been enacted in the year 1986. However, they have been given retrospective operation from 1.9.76. Sanskrit College will have to be treated as a College under the Rules of 1986 from 1.9.76. In Clause (k) of Rule-2, the word "service" has been defined. Service means, the Rajasthan Educational Collegiate Branch. Thus, the service of the Lecturers of the Sanskrit College also falls within the purview of the definition of 'Service', as it is a service of the Collegiate Branch. It will not be out of place here to mention that under Clause (c) of Rule-5 of the Rules of 1986 it has been provided that the post of Senior Lecturer which existed prior to 1.9.76 shall be deemed to have been merged in the post of Lecturer w.e.f. 1.9.76. Assuming for the time being that submissions made by the Advocate General that the mode of appointment is different, even then, I am of the view that it will not change the nature of the duties and responsibilities of the teaching staff of the Sanskrit Colleges. The duties and the responsibilities of the Lecturers of Sanskrit Colleges is to prepare scholars having knowledge equivalent to B.A., M.A., Ph. D. and D. Litt. of the University. Thus, the responsibility is the same and mode of recruitment does not in any way effect the nature of the duties and responsibilities of the teaching staff of the Sanskrit Colleges. 36. In general Colleges, Sanskrit is one of the subjects with other subjects. Sanskrit is a compulsory subject with other subjects, like optional subjects Hindi, History, Economics, Political Science etc. 36. In general Colleges, Sanskrit is one of the subjects with other subjects. Sanskrit is a compulsory subject with other subjects, like optional subjects Hindi, History, Economics, Political Science etc. I am of the view that to treat the Lecturers of Sanskrit Colleges on different footing than the Lecturers of other Col,leges and not to give their equal pay scales is against the provisions of Article 39(d) of the Constitution read with Articles 14 and 16 of the Constitution. 37. In the result, the writ petition is accepted. State Government is directed to pay equal pay like other Lecturers of general Colleges to the Lecturers of Sanskrit Colleges from the date of filing of this writ petition, i.e. 6.2.88 with all consequential benefits within a period of three months from today.Costs made easyWrit Petition Accepted - Costs Easy. *******