PURNIMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 3rd of August, 1977 contained in letter No. 3523 dated 5-8-77 issued by the District Superintendent of Education, Bhojpur, to the Deputy Inspector of Schools, Arrah Sadar, and some other authorities with respect to taking over of some schools under letter No. 4835 dated 30-6-77 of the Regional Deputy Director of Education, Patna; a copy of the above mentioned letter dated 5-8-77 is annexure 1 to the writ petition. The petitioners -- 5 in number -- are all teachers, four being Asst. Teachers and one a Head Mistress of Valika Madhya Vidyalaya, Buxar (hereinafter called the school). Undisputedly, this is an elementary school established in 1968 and was run by a managing committee. The managing committee adopted a resolution dated 25-4-76 to hand over the management of the school along with all the assets including the building, etc. to the State Government. This resolution seems to have been adopted by the managing committee in pursuance of the provisions contained in Sub-section (2) of Section 3 of the Bihar Non-Government Elementary Schools (Taking over of Control) Act 1976, (hereinafter called the Act), which was enacted for the purpose of taking over of all non-Government elementary schools under the State control, for better organisation and development of elementary education in the State. Section 3, which deals with taking over of the schools, classifies the schools in 3 categories-

(2.) Sub-section (4) speaks of District Committee and contemplates a District Committee in each district to examine "the feasibility of taking over of such schools by the State Government". This committee is to consist of the following members-

(3.) Coming to the facts of the case in hand, the petitioners' case is that after adopting the resolution the management of the school was handed over to the State Government and the State Government examined in depth whether the school fulfils all the conditions precedent to nationalisation of the school or not and that after consideration of all the factors the Regional Deputy Director, respondent No. 4, issued a letter dated 19-2-77 (annexure 3) informing the Inspectress of Schools-cum-Deputy Director of Education, Bihar, that the school of the petitioners was nationalised from the date of this letter with one trained matric and 10 untrained matric teachers in the prescribed scale of pay, with a further condition that the untrained teachers would get themselves trained in the next training course; certain other conditions were mentioned with which we are not concerned. The petitioners have stated that in consequence of the above letter of respondent No. 4 new service books for the teachers and . staff of the school were opened from 19-7-77 and the District Inspectress of Schools took over the control and management of the moveable and immoveable properties of the school, which is apparent from the letter of the secretary of the school dated 31-3-77 (annexure 5). It is thereafter that the District Superintendent of Education, Bhojpur, respondent No. 5, issued the letter dated 5-8-77 (annexure 1) to the effect that the nationalisation of all those schools which were purported to be nationalised by the letter of the Regional Deputy Director (annexure 3) was postponed. The petitioners have accordingly come to this court.