Teachers of unaided minority schools cannot claim salary and perks that match their counterparts in government and government-aided schools, the Supreme Court has ruled.
“As the right to equality under Article 14 of the Constitution is available against the state, it cannot be claimed against unaided private minority schools.
Such unaided private schools are not within the meaning of Article 36, read with Article 12 of the Constitution,” a bench comprising Justice RV Raveendran and Justice AK Patnaik said in its judgement on Thursday. “A private unaided minority school is not under any duty to ensure equal pay for equal work”, it said
The court dismissed the appeal of teachers of an unaided minority school in Himachal Pradesh seeking court directive to the school to pay them pay and perks equal to what teachers of government and government-aided schools in the state received.
“The salary and allowances of teachers of a private unaided school is a matter of contract between the school and the teacher and is not within the domain of public law.”
The Supreme Court, however, said the state government was empowered to make rules under provisions of the Right of Children to Free and Compulsory Education Act, 2009, prescribing the salary and allowances payable the aggrieved teachers. Economic Times