No prescribed salary structure for unaided minority schools: Supreme Court

In a setback to teachers in private unaided minority schools, the Supreme Court Thursday ruled they are not entitled to salary structure on par with their counterparts in government schools as their main source of funds is fees paid by parents.

"The teachers of government schools are paid out of the Government funds and the teachers of government-aided schools are paid mostly out of government funds whereas the teachers of private unaided minority schools are paid out of the fees and other resources of the private schools," a bench of justices RV Raveendran and AK Patnaik said in a judgement.The bench passed the judgement while dismissing an appeal filed by certain aggrieved teachers of Himachal Pradesh-based St. Paul’s Senior Secondary School complaining the management was not giving them salaries and perks on par with government school teachers. The school took the plea if the salary structure was enhanced it would have to enhance the fees of students, which would cast additional burden on parents.Agreeing with the view, the apex court said, "in our considered opinion, the Division Bench the High Court has rightly held in the impugned judgement that the teachers of private unaided minority schools had no right to claim salary equal to that of their counterparts working in government schools and government-aided schools.""Moreover, unaided private minority schools over which the government has no administrative control because of their autonomy under Article 30(1) of the Constitution are not State within the meaning of Article 12 of the Constitution.""As the right to equality under Article 14 (equality) of the Constitution is available against the State, it cannot be claimed against unaided private minority schools," the bench said.