SUBHASHCHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The primary relief sought for in all these writ applications is payment of salary and other emoluments to the petitioners who are teaching and non-teaching staff of such Sanskrit Schools which were allegedly taken over by the State of bihar for the period Ist December, 1988 and 31st March, 1989 and also for the subsequent periods as also for payment of dearness allowance etc. since 1983. In some of the writ applications, prayer has also been made for issuance ot a writ of or in the nature of mandamus directing the State and its officers as also Bihar Sanskrit Shiksha Board to determine and declare the service conditions of the teaching and non-teaching staff of 429 Sanskrit Schools. In CWJC No. 7844 of 1990, the constitutionality sub-sections (1), (2) and (3) of Section 4 of Bihar Ordinance Mo. 21 of 1990, dated 13th August, 1990 is also in question.

(2.) Before advertsing to the questions involved in all these writ applications, it is necessary to consider the history of the legislation in the sphere of Sanskrit education in the State of Bihar.

(3.) In the State of Bihar, and particularly in the districts of Darbhanga and Madhubani, various Sanskrit Schools have been functioning for a long time ; the existence of some of the schools go back to the 20th Century. The imparting of education through the Sanskrit medium was done in tol Vidyalayas from the stage of Prathama up to Acharya. Many of such tols were recognised by the State of Bihar. The State constituted a body known as Bihar Sanskrit Association which was directly functioning under the control of the State of Bihar and the Directorate of the Public instructions. The said association further used to grant affiliation to the Schools for Acharya examination. There are various correspondences to show that the State bad been exercising some kind of control over such schools. This fact will be borne out from a letter dated 11 2.1987 which is annexed as Annexure-1 to the CWJC No. 10786 of 1992 According to the petitioners, the said schools were also being inspected by the authorities of the State of Bihar from time to time.