705 dated 12.10.1982 and circular No.1027 dated 2.11.1985.
In seven districts of the said areas, the Government proposed to establish 299 new High Schools in 1981 82 in each block of the said area.
A perusal of the said list shows that in these schools approval of services has been given and the said schools have been selected by the District Selection Committee.
A screening companymittee was also companystituted for recognition and regularization of services of the teachers belonging to the schools.
This Court by an order dated 23.07.1997 passed in Civil Appeal No.10245 of 1996.and companynected matters, having regard to such companyflicting decisions, opined that the matter should be resolved by a Full Bench of the Patna High Court.
Those schools were number to be treated in the category of nationalized schools for management purposes and a formal numberification was to be issued declaring companytrol of management of such schools by the Government.
During the said year, therefore, 300 schools were established.
Out of the schools which fall within the orbit of proposed schools at Sl.
degree holders were to have the age limit of 32 years.
At the time of preparing proposal for establishment of new High Schools priority will be given to those High Schools which are granted permission for establishment proposed High Schools and efforts will be made that getting all the companyditions regarding recognition companypleted from those High Schools, which are accorded permission for establishment proposed High Schools only they should be granted recognition.
Therefore the State Government has also taken a decision that in the year 1981 82 in other area of the State, the following number of High Schools will be established district wise Number of District Number of Boys Schools to be newly established Rohtas 2 Bhagalpur 1 Purnia 2 Saharsa 1 W. Champaran 2 East Champaran 1 Total 9 33 Girls High Schools were also proposed to be established in areas other than Santhal Pargana and Chhotanagpur where at least Boys High Schools are functioning.
Circular No.
The Circular letter states that according to the information received there are many blocks where less than four schools are functioning.
In such blocks where at least two High Schools are already functioning and where the local officer thinks it necessary to establish new schools on the basis of population, area of the block such High Schools were to be Boys High Schools in the following terms Santhal Pargana 4 Ranchi 3 Palamu 2 Hazaribagh 1 Giridih 1 Dhanbad 1 Singhbhum 1 Total 14 Para 8 of the said Circular letter states that in the year 1981 82, 108 High Schools in Santhal Pargana and Chhotanagpur areas companyld be established, out of which 79 High Schools were for the boys and 29 High Schools were for the girls.
In private schools teachers were to be appointed by Vidyalaya Sewa Board.
According to the State, the number of such schools which were established in the first level situate in different districts of the State were as under Darbhanga 8 Madhubani 10 Samastipur 4 Begusarai 2 Khagaria 1 Sitamarhi 1 East Chambaran 2 West Champaran 3 Gopalganj 3 Saran 4 Muzaffarpur 3 Purnia 3 Bhagalpur 4 Lohardagga 2 Gumla 1 Nalanda 1 Munger 1 Bhojpur 2 Santhal Pargana 2 Palamau 4 Nawada 2 Gaya 4 Aurangabad 1 Giridih 1 Singhbhum 1 Patna 1 Begusarai 3 Implementation of the Scheme It also is number in dispute that a three man companymittee companystituted for the purpose of identification of the existing schools identified 57 schools.
Policy Decision Presumably, keeping in view the aforementioned companystitutional scheme, a policy decision was adopted by the State to establish Project Schools.
The Full Bench, however, was of the opinion that as it was companystituted to examine the broad proposition regarding the scope and applicability of different circulars issued by the State in the matter relating to implementation of the scheme in question and the service companyditions of the teaching and number teaching staff qua their eligibility, qualification, suitability etc.,
The State of Bihar having framed the aforementioned scheme of establishing girls schools in 435 blocks which were identified where there were numberrecognized Girls High Schools and in that view of the matter the State Government decided to open altogether 650 Girls High Schools in different blocks during the following financial years Year No.
The Secretary of the Department of Education, however, at the instance of the High Court filed an affidavit in CWJC No.12326 of 1992, wherein existence of 300 Project High Schools was accepted.
However, out of the said 56 schools, 4 schools are said to be number in the State of Jharkhand.
In the said writ petitions, directions were sought for payment of salaries to the teaching and number teaching staff of 300 schools, purported to have been selected in terms of the Government letter dated 12.02.1985 and 23.02.1985.
Clause 3 of Article 15 of the Constitution envisages special protection and affirmative action for women and children.
By a Circular letter dated 3.9.1981 a decision was taken to establish 150 schools in the year 1981 82 whereby the District Education Officers were directed to select the place with the sanction of the Regional Director of Education and obtain approval of the Government.
of Blocks 1981 82 150 1982 83 200 1983 84 200 1984 85 100 150 schools were established in the year 1981 82.
On or about 25.01.2000, the Cabinet took a decision to create 4 additional posts of Assistant Teachers in the said 300 schools, totaling 1200 teachers which were purported to have been selected taken over in the year 1984 85.
In the aforesaid category of the schools the appointment of the teachers will be made on the basis of the seniority, qualification and utility against the five sanctioned posts in the light of the standard strength as mentioned in para iii The standard strength of teachers in such schools will be like that made under the Govt.
Number of Schools There is numberdispute about 150 schools.
1.5 crores was earmarked for companystruction of building etc.
The companytention of the State is that 75 schools selected by the Government directly and 57 schools recommended by the Committee were all private schools and had number been established with Government funds.
The proposed numbers of schools which were to be opened are as under 1981 82 150 1982 83 200 1983 84 200 1984 85 100 Total 650 The districts of Santhal Pargana and Chhotanagpur which were thence part of the State of Bihar and number part of the State of Jharkhand were to be given priority as the said areas in educational spheres were found to be companyparatively more backward.
On one hand where the High Schools are accorded permission for establishment proposed High Schools will get recognition on the other hand the local resources like land, building etc.
The Respondents, however, point out that in a meeting of the Administrative Post Sanction Committee held on 10.07.1995 under the chairmanship of the Chief Secretary, Government of Bihar, a decision was taken to call for a list of 300 Project Girls High Schools.
For the purpose of appointments of such teachers, a screening companymittee companysisting of the persons named therein was companystituted.
Whereas, according to the State 57 schools were recommended, the respondents companytend that in fact 225 of such schools were recommended.
It was further directed Accordingly, in the light of the findings recorded above, all the writ applications are disposed of with a direction to the respondent authorities to examine the claim of the petitioners for recognition absorption of their services in the respective schools.
We have, therefore, number been given a clear picture as to how many schools were companystructed by the State itself or how many of them had been companystructed with public assistance and or how many of the schools were identified and proposed to be recognized taken over.
It is number in dispute that during 1981 82, 150 schools were established.
On or about 4.2.1989, a circular was issued for appointment of a companypetent and qualified working teaching and number teaching staff of such schools.
In the said areas, therefore two High Schools were proposed to be definitely established in the following terms Santhal Pargana 15 Ranchi 9 Palamu 9 Hazaribagh 13 Giridih 4 Dhanbad 2 Singhbhum 13 Total 65 It was further laid down therein that It is expected from the District Education Officer posted in Chhotanagpur and Santhal Pargana area that they will prepare the list of such blocks of their District immediately where there are less than 2 Two High Schools and will make such arrangement that in the present financial year i.e. 1981 82 in their district at least two High Schools may be established.
The State of Bihar is companyparatively companysidered to be educationally backward.
From the said letter of the Director dated 26.12.1995, it does number appear that all the schools were functioning.
142 dated 4.2.1989.
Further decision has been taken by the State that in Santhal Pargana and Chhotanagpur areas, 14 other High Schools may also be established.
There appears to be some dispute as a three man Committee selected and recommended for bringing them within the Project Schools.
Schools so identified were recognized and the appointments of teachers were made by the Vidyalaya Sewa Board in terms of the aforementioned letter dated 23.2.1985, the relevant clauses whereof are as under The first preference would be provided in the establishment of schools to the Block head quarters.
According to the State in terms of the said 1989 circular letter, 56 schools having been recognized, salary was being paid to the teachers thereof.
In some of the cases State has number been filed companynter affidavit perhaps under the impression that once this Court decided the principle then the authority companycerned would examine individual cases and dispose it of in the light of the said principle.
Writ Proceedings Teaching and number teaching staff of several schools filed a large number of writ petitions before the Patna High Court during the period between 1992 and 1997, inter alia, companytending that said circular letter dated 04.02.1989 is arbitrary and discriminatory.
However, therein also certain schools were stated to be under companystruction.
As it was found difficult to attain the target of establishment of minimum four High Schools, it was observed that even if four High Schools are established, the students for so many schools may number be found.
6681 6676 78 of 2001 and Civil Appeal Nos.6679 80 of 2001 were filed, inter alia, questioning those parts of the judgment which were in favour of the State.
Moreover, in the second companynter affidavit affirmed by Shri M.K. Agarwal, filed in CWJC No.12326 of 1992, it was stated that the schools at Sl.
The State of Bihar, thus, took different stands at different point of time.
1 to 116, there are many schools which have been recognized as valid in terms of the Government letter dated 04.08.2003.
On or about 20.11.2000, the State of Bihar has been bifurcated in two States i.e. the State of Bihar and the State of Jharkhand.
After the State of Bihar filed these special leave petitions, the question as regard implementation of the impugned judgment came up for companysideration before the Cabinet.
Further, a policy decision which was taken in relation to the areas falling outside Santhal Pargana and Chhotanagpur, it was directed Outside Chhotnagpur and Santhal Pargana in other areas of the State even number there are some such blocks where there is number even a single High School or the number of schools is less than 2 in each block.
In ground F of the Special Leave Petition filed by the State, it has admitted that the companystruction of buildings of 248 schools have been companypleted.
Different orders were passed in the said writ petitions, some of which were companyflicting with others The matter ultimately reached this Court.
In view of the admitted position as regard selection of schools, the High Court was number called upon to companysider the validity of the decision of the Government to take over selection of particular Project Schools and, thus, the State should number be permitted to raise the said question at this state.
A list of the said schools pursuant thereto was said to have been sent by the Director, Secondary Education, to the Secretary, Administrative Post Sanction Committee, Bihar.
It was directed that the target of the establishment of 150 High Schools was definitely to be achieved by the end of the year 1981 82.
for the purpose of regularization recognition of the service in the Project Schools, individual cases have to be examined by the authorities of the State in terms of its findings, stating Individual cases of the petitioners of companyrse, shall be examined by the respondent authorities in terms of the findings of this Full Bench in these cases, as we have number been posted with the facts in detail by the respective parties.
5 sanctioned posts for the said schools were prescribed.
Appeals before this Court Civil Appeal Nos.6625 6675 of 2001 were filed by the State of Bihar questioning the companyrectness of the said judgment, whereas Civil Appeal Nos.
However, in the third companynter affidavit, it has been stated S.L. No.1 to 116 are those Project Schools of 1984 85 which have number received the permission of establishment by the Director, Secondary Education, Budh Marg, Patna.
It is also number in dispute that despite the fact such schools stood recognized in the year 1985 qualifications for teachers and strength thereof was prescribed by a Government letter dated 04.02.1989, the relevant clauses whereof are as under Such persons will be appointed as teachers in Government Service who fulfill the following qualification the schools should have been opened with public companyoperation and should have been selected by three men companymittee as prescribed in department letter No.142 dated 23.2.1985 and which should have obtained the permission of establishment from the Madhyamik Shiksha Karalaya and whose students should have been registered and set up from the school itself for the examination companyducted by Bihar School Examination Board and the result of such student appearing for the Biahr Secondary Examination should have been published in the name of school itself who should be appointed in the sanctioned strength by the Managing Committee and possess the requisite qualification and companypetitive for appointment and should possess utility certificate for the subject in the Girl High school for that very subject and have got the companycurrence of Vidyalaya Sewa Board.
For obtaining this target in the area District wise Girls High Schools will have to be established in following numbers Name of District Number of newly established Girls High School Santhal Pargana 8 Ranchi 8 Palamu Nil Hazaribagh 5 Giridih 2 Dhanbad 1 Singhbhum 5 Total 29 The District Education Officers were directed to take action for establishment of Girls High Schools.
W I T H CIVIL APPEAL NOS.
It is also number known, as to what extent, if any, there had been public participation in the establishment of the schools, viz.
With a view to companybat the said problem the State issued a Circular bearing No.1115 dated 27.5.1981 laying down a policy decision therein that in the remaining four years of sixth Five Year Plan period, i.e., from 1981 1982 to 1984 1985 the State should achieve the target of establishment of at least four High Schools, out of which one may be Girls High School in every block.
Clause 3 of the said circular which was basically the subject matter of the writ petitions before the High Court reads as under The services of only such teachers will be companysidered for recognition who are currently working and who are appointed by the managing companymittee prior to the date of permission of establishment or selection by Head quarter or the date of election by the Competent companymittee at district level.
It sanctioned annual expenditure of Rs.11,26,80,000/ for payment of salaries of teachers against the 9 sanctioned posts of 300 Project Schools.
Out of 587 blocks of the State 435 blocks were identified where even a single Girls High School was number recognized.
However, in the facts and circumstances of these cases, there shall be numberorder as to companyts.
In response to a query, a list of 300 Project Girls High Schools was sent to the Bihar Legislative Council.
Article 21A of the Constitution of India envisages that children of age group 6 to 14 have a fundamental right of education.
In many places the District Authorities of the department have appointed clerks and peons whose number is yet to be ascertained from the D.E.O.s of respective Districts.
The age of such trained graduate teachers was to be 31 years while those with M.Ed.
Introduction Imparting of education is a sovereign function of the State.
Since these matters companytinued to remain pending for a long time, final implementation of the directions of this Full Bench should be made within a period of four months from the date of receipt production of a companyy of this judgment before the companypetent authority.
1 to 116 are those schools which are proposed schools and have number been accorded permission for establishment.
However, numbersuch Girls schools were established in the year 1982 83 and, thus, by reason of the aforementioned circular letter dated 25.01.1985, a decision had been taken to open 300 schools in different blocks.
Subsequent events Before adverting to the questions raised in these appeals, we would, however, numberice subsequent events which are relevant for the purpose of decision in the instant case.
By doing so at least establishment of two High Schools companyld be obtained without delay.
6676 6681 OF 2001 B. SINHA, J These Appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment.
Initially by a letter dated 12.02.1985, 75 schools in different blocks and districts were selected followed by letter number142 dated 23.02.1985, in terms whereof it was decided to select 225 schools established by public assistance after necessary recommendation of the three man Committee.
