RAM NARESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the 16 (sixteen) writ applications were heard together as the petitioners are teaching and/or non-teaching staff of project schools which were taken over and subsequently services of those teachers and non-teaching staff regularised, now were being terminated or already terminated.

(2.) Contention on behalf of the petitioners is that a decision was taken to terminate the services of all teaching staff in all such project schools though the non-teaching staff have been allowed to continue. The consequential orders in some of the cases have not been passed which according to learned counsel for the petitioners have now been passed though in the order of Director, Secondary Education, Bihar which have been appended a decision regarding removal of all of them have been taken.

(3.) Petitioners in this regard have relied on letter No. 1115 dated 27.5.1981 issued under the signature of Mr. Vijay Shankar Dubey, the then Director, Secondary Education cum Special Secretary, Bihar circulated to all the District Education Officers and the Regional Deputy Director of Education. The same relates to at least having four project high schools in each block of which at least one school should be a girls school. The said letter goes to further show that as per the policy decision of the State Government within the remaining period of sixth five year, plan detailed number of schools to be opened in the block were given. The same relates to 50 schools. In subsequent paragraphs details of district in which number of schools were required to be opened were also there. Subsequently vide Government order issued in the Education Department contained in letter No. Wa-109 dated 15 March, 1982, sent to the Accountant General, Bihar at Ranchi relating to approval of the establishment of four schools including one girls high school in non-tribal area in each block, granted for establishment of the school. In subsequent paragraphs of the said order, description of the school in the said district which was taken over has been given at serial No. 4 relating to petitioners of CWJC No. 12302. Subsequently other names are there which relate to the schools in which petitioners of other writ applications are working.