PROF KULA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is not a matter which should detain the court any further. What has been appended to supplement the writ petition is the record of the State. The court cannot give any order so that it may become a policy for execution. In so far as a policy is concerned, this will have to be drafted by the government itself.

(2.) BUT what is of concern is the subject physical training for children who enter schools whether it is primary, elementary or secondary. Between 1955 -2004 a passage of almost half century the governments files apparently seem to be shuttling between the bureaucrats and the ministers suggesting that a policy be made of putting in a physical training teacher in every recognized school. After 50 years, the policy has yet to be made.

(3.) THE government of Bihar was issuing a circular on 27 May 1955 placing on record "gradually every school should endeavour to create an additional posts of assistant master for physical Education and health" (Annexure 3). By a circular of 17 February 1981 the State government was reiterating its intention to place a physical training teacher as part of the programme in schools. The expression used in the circular is TOOT (Annexure 6). Another circular of 23 March 1982 was mentioning "Wfo WPS 3 >