Writ jurisdiction can enforce pay parity for private educational institution employees where government-recognised equal pay claims exist.

A private educational institution performing a public function can be subjected to writ jurisdiction under Article 226 where employees seek enforcement of Government-recognised pay parity. The absence of a statutory rule did not defeat relief, because executive instructions had already recognised the claim and the availability of another remedy did not bar writ intervention in the public interest context. The employees were held entitled to equal pay on par with Government employees under Article 39(d), and the writ was granted to enforce parity in pay scales.

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Issues: Whether the writ petition was maintainable to enforce parity in pay scales for employees of a private educational institution, and whether the appellants were entitled to equal pay with Government employees.

Analysis: The institution served the public function of imparting education, and the employees were appointed to perform duties connected with that function. Executive instructions of the Government conferred a claim to parity in pay scales, and the absence of a statutory rule did not, in the circumstances, defeat the remedy under Article 226 of the Constitution of India. The availability of another remedy did not bar writ relief where public interest was involved and the claim was to enforce a benefit already recognized by the Government.

Conclusion: The writ petition was maintainable, and the appellants were entitled to equal pay on par with Government employees under Article 39(d) of the Constitution of India.

Final Conclusion: The appeal succeeded and the writ was granted, affirming enforceability of pay parity claims in writ jurisdiction for employees of a private educational institution performing a public function.

Ratio Decidendi: Where a private educational institution discharges a public function and Government instructions recognise pay parity, writ jurisdiction under Article 226 can be invoked to enforce equal pay for equal work.

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