STATE OF BIHAR Vs. LALOO PRASAD YADAV

JUDGEMENT

(1.) Leave granted.

(2.) The Bihar Non-Government Elementary Schools (Take over) Act, 1976 for short, the Act was enacted with a view to take over Non-Government Elementary Schools under State control for better organisation and development of elementary education in the State of Bihar. By operation of Ss. (3 of section 1, the Act shall be deemed to have come into force w. e. f. the first day of January, 1971. Under section 3 (1) , the Elementary Schools managed by the District Board, Zilla Parishad, the Municipal Board and the Patna Municipal Corporation, stood transferred to the control of the government. Under Ss. (2 Aided Elementary Schools handed over voluntarily to the control of the government by the Managing Committee stood taken over by the government. Under Ss. (3 the elementary schools administered by public or private undertakings, also equally stood transferred to the control of the government. Ss. (4 (a) of section 3 seeks to take over unaided Elementary Schools which are found to be feasible for being taken over, after inspection and recommendation by a Committee constituted in each District in that behalf, with a view to remove the difficulties in taking over the unaided schools. The government exercising of the power under section 8 of the Act, issued instructions on 2/05/1980 to the Committee for recommendation. Therein clause 7 relates to taking over the services of teachers of such schools. It specifies the admissibilityof teachers and posts to be filled up with trained or untrained teachers who were appointed upto 1/1/1971. By sub-clause (a) teacher-student ratio was prescribed.

(3.) Accordingly a Committee was constituted to take over the Kosi Middle School, Sursana headed by District Education Officer. The committee's report mentioned that 5 existing teachers appointed as on 1/1/1971 were working and one teacher (Vaidyanath Mandal) was appointed on 12/03/1973, apart from one peon. Following the report, the government had taken over the school with those 5 teachers appointed and working as on 1/01/1971.