JUDGMENT : 1. - Instant petition has been filed by the Managing Committee of Lal Bahadur Shastri (P.G.) College assailing the order of the Raj. Non- Govt. Educational Institutions Tribunal dated 10.03.2005 whereby the learned Educational Tribunal directed the petitioner-institution to grant benefit of senior/selection scale in terms of guidelines laid down by University Grants Commission to such teachers/physical Education Teachers within a period of three months failing which the incumbent was held entitled to interest @ 9% per annum on computation of arrears. 2. It has come on record that petitioner institution is 80% aided by the State Government and is under obligation to comply with the provisions of Rajasthan Non-Government Educational Institutions Act, 1989 and the Rules,1993 framed thereunder. On the last date of hearing preliminary objection was raised by counsel for petitioner that order of the Tribunal discloses that counsel appeared on behalf of petitioner and argued the matter but what has been recorded is factually incorrect and from the record it reveals that no-one appeared on behalf of petitioner before the Education Tribunal and reply filed before the Tribunal was also not considered and since two appeals were disposed of by common judgment the pleadings of another case has been taken note of while examining the controversy. Taking note of the submissions made and the fact that the question has been finally examined by this Court and the legal position has been settled which the learned Tribunal has also taken note of and remitting the matter back to the Tribunal was not considered to be appropriate in the facts of the instant case, accordingly this Court afforded opportunity to the petitioner to make submissions on merits vide order dated 08.2.2011 and pursuant thereto the submissions were made by the counsel for petitioner on merits of the controversy raised in the instant petition. 3. It has been alleged that respondent-1 Umrao Singh joined as Physical Teacher on 24.01.1978 and when the benefit of senior/selection scale in terms of UGC guidelines was not extended to him he approached the Educational Tribunal by filing application under section 21 of the Act, 1989. 3. It has been alleged that respondent-1 Umrao Singh joined as Physical Teacher on 24.01.1978 and when the benefit of senior/selection scale in terms of UGC guidelines was not extended to him he approached the Educational Tribunal by filing application under section 21 of the Act, 1989. The learned Tribunal after taking into consideration the material on record finally held the respondent (applicant before the Tribunal) is entitled for grant of benefit of senior/selection scale in terms of UGC guidelines and accordingly while disposing of two appeals by common judgment dated 10.03.2005 directed the aided institution to grant benefit of senior/selection scale to the teacher in terms of conditions of eligibility postulated in UGC guidelines and implementation of the judgment was ordered to be made within three months. 4. Counsel for petitioner submits that mere attaining eligibility in terms of UGC guidelines will not make respondent entitle to get benefit of senior/selection scale unless found suitable. However, he raised a further objection that in absence of post held by the incumbent being an aided post the benefit of senior/selection scale as granted by the Tribunal could not be extended to the incumbent concerned. However, after taking note of the documents which were shown to this Court obtained by the respondent under Right to Information Act, forwarded by the Commissioner, College Education dated 07.02.2011 in which post of PTI held by respondent has also been shown as an aided post, counsel has not pressed that later submissions. However, submits that direction of the Educational Tribunal in granting benefit of senior/selection scale without suitability being considered by the authority competent under the guidelines laid down by UGC requires interference by this Court. 5. Counsel for respondent on the other hand submits that the controversy regarding grant of benefit of senior/selection scale to such teachers who are working in the aided institutions has been upheld by this Court in the judgment in Laxmi Narain Sharma & Ors. v. State of Raj. & Ors., RLR 2002(1) page 771 and the judgment was lateron considered by the Single Bench of this Court in CWP-2610/2006, Laxmi Narain & (14) ors. v. State & (3) Ors. decided on 08.12.2008, taking assistance thereof counsel for respondent submits that as regards entitlement for grant of senior/selection scale under UGC guidelines, it has been settled. 6. Mr. & Ors., RLR 2002(1) page 771 and the judgment was lateron considered by the Single Bench of this Court in CWP-2610/2006, Laxmi Narain & (14) ors. v. State & (3) Ors. decided on 08.12.2008, taking assistance thereof counsel for respondent submits that as regards entitlement for grant of senior/selection scale under UGC guidelines, it has been settled. 6. Mr. Bhandari, Deputy Government Counsel, for the respondent-State submits that petitioner-institution is getting 80% aid from the Government but the arrears have not been computed for the purpose of grant of senior/selection scale payable to the respondent in terms of order of the Tribunal and at least the Government at this stage is not under obligation to release grant towards amount of arrears of senior/selection scale. 7. This Court has considered the submissions made by counsel for the parties and also perused the material on record. 8. The controversy regarding entitlement of senior/selection scale to Physical Education Teachers in terms of UGC guidelines has been examined by this Court in the case of Rajasthan University and College Education Society and others v. State of Rajasthan & Ors., CWP-608/1982 decided on 08.10.1990 in which it has been finally held that Physical Education Teachers are also entitled for senior/selection scale in terms of UGC guidelines, against which Special Appeal-119/1991 was preferred by the respondent-State. However, when appeal came up for preliminary hearing before the Division Bench on 06.03.1997, the learned Additional Advocate General made a submission before the Division Bench that the respondents have complied with the order passed by the learned Single Bench and the payment of difference of pay-scales and the amount of arrears have also been paid to the petitioners according to the direction given in the judgment and on this statement made by learned Additional Advocate General the appeal preferred by the State of Rajasthan was dismissed by the Division Bench as having become infructuous on the same day. However, after the controversy being finally decided regarding Physical Education Teachers and benefit of senior/selection scale was not extended to such employees who are workings as Librarians, again a writ petition was filed in this Court and taking note of earlier judgment of which reference has been made to supra which has been referred to in para 3-5 of the judgment reported in RLR 2002(1) 771, this Court finally held that Librarians are also entitled for senior/selection scale in terms of UGC guidelines and observed in para 9 & 16 as under:- "9. When this Court has accepted that the Librarians working in the various Colleges of the Government of Rajasthan and the Universities are entitled for the benefit of the upgraded UGC pay scales without there being any condition having been imposed of Ist Class or II Class Degree or PG Degree as well as Ist or IInd Class Degree or Diploma in Library Science how it is permissible to the respondents to put these terms and conditions vide document (Annexure-R/1). When this Court has already accepted this claim of the Librarians for this upgraded UGC Pay-Scales and it has to be given to all the Librarians irrespective of the fact whether they came before this Court or not. The earlier writ petition had been filed by the Association and the judgment given therein was for all the Librarians. The stand taken by the respondents first; to get a separate order from this Court for this pay scale and secondly only those existing Librarians who are I Class or II Class Degree Holders in academic or in Library Science are eligible for this benefit are wholly perverse and arbitrary. 16. As a result of the aforesaid discussions, this writ petition succeeds and the same is allowed. It is hereby declared that the petitioners are entitled for the upgraded UGC pay scales i.e. Rs. 700-1600 w.e.f. 01.04.1980. In case, after 01.04.1980, this upgraded pay scales are revised, the petitioners shall also be entitled for the revised pay scales. The respondents are directed to revise and fix the pay of all the petitioners in the pay scale of Rs. 700-1600 w.e.f. 01.04.1980 or from the date of their appointment whichever is later. 700-1600 w.e.f. 01.04.1980. In case, after 01.04.1980, this upgraded pay scales are revised, the petitioners shall also be entitled for the revised pay scales. The respondents are directed to revise and fix the pay of all the petitioners in the pay scale of Rs. 700-1600 w.e.f. 01.04.1980 or from the date of their appointment whichever is later. In case, the pay scales are further revised, the respondents are directed to revise the pay scale of the petitioners as per the pay scales revised from time to time. The arrears of the fixation of the pay are to be determined and paid to the petitioners accordingly. The petitioners shall also be entitled to get interest on the arrears on pay fixation @ 12% per-annum from the date of filing of the writ petition i.e. 01.12.1998. The amount of interest which is payable to the petitioners on the arrears pay fixation shall also be determined by the respondents. All this exercise are to be undertaken and completed by the respondents within a period of six months from the date of receipt of the certified copy of this order." 9. The controversy regarding entitlement of respondent for his consideration for grant of senior/selection scale in terms of UGC guidelines is no more res integra in view of the judgment of this Court referred to supra. As regards the submission made by counsel for petitioner that in absence of respondent being found suitable benefit of senior/selection scale could not be granted to him in terms of UGC guidelines, suffice it to say that the Tribunal while disposing of the appeals preferred by the respondent under the order impugned has directed for grant of benefit of senior/selection scale in accordance with guidelines to the respondent obviously in terms of UGC guidelines. 10. In the light of the judgment referred to supra, the controversy is no more res-integra which may require consideration by this Court. 11. Consequently, the writ petition is without substance and accordingly dismissed. The petitioner-institution may comply with the order of the Education Tribunal impugned herein dated 10.03.2005 within a period of three months. No costs.Petition dismissed. *******