viz., S.N.V.T Junior college (Aided), Tanuku. The learned counsel appearing for petitioners placed reliance on Sec.74 of the Act, which reads that the posts in each category of employees of the educational institutions in a district, which have vested in the Government under this chapter shall be a separate unit, for purposes of seniority, discharge, reversion for want of vacancies, re-appointment of probationers and approved probationers and appointment of full members. This provision makes it clear that when private aided educational institutions in the district are vested in the Government in terms of Sec.60(1) of the Act, all categories of employees of that educational institutions shall be treated as a separate unit for the purpose of seniority, discharge and reversion. Section 74 does not contemplate for giving weightage of 50% of the service in the erstwhile private aided junior college. A rule or regulation made under a statute must be intra vires and consistent with the statute under which it is framed. The conferment of rule making power by a statute does not enable the rule making authority to make a rule which travels beyond the scope of the enabling statute or which is inconsistent therewith or repugnant thereto. This statutory provision was completely overlooked by the Tribunal, though a reference was made about this provision. This Section was mis-represented by the Tribunal by observing that the Section does not reveal that they cannot be treated as Government teachers after taken over. There cannot be any dispute that when private aided college was taken over by the Government, the employees shall be absorbed in the Government in terms of Sub section (2) of Sec.75 of the Act. But, when the question of seniority comes, they have to be treated as a separate unit. That was not done. So, the impugned
