KUMUD KUMARI SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This batch is made up of a large number of cases relating to 'Project Schools'. The Petitioners in most of the cases in this batch seek appropriate directions to the concerned authorities to recognise/regularise their services in the Government following the take-over of the private schools where the Petitioners had been working. In some of the cases the controversy has not reached the stage of recognition/regularisation of services of the individual teachers and the claim is for a hitherto private school to be taken over as a project school. The cases in this batch are based on similar facts and involve identical questions of law and hence they have been heard together and are being disposed of by this common judgment and order. For the sake of convenience this large group has been divided into subgroups and a number of cases have been dealt within smaller sub-groups. There are a few cases which were heard along with cases being disposed of by this judgment but it was found that they do not fall into any of the sub-groups taken up for consideration in this judgment and hence those cases are proposed to be re-listed for hearing and those would be disposed of separately.

(2.) 'Project Schools' are the name given to schools established by the Government under its scheme aimed at providing, in each block of the State, at least four Secondary/High schools out of which one must be a girls school. These schools, as per the Government scheme, would be 'established', in most cases, by taking over a private school which had been 'granted permission for establishment' or was at least a 'proposed school' in terms of the provisions ol the Bihar Secondary Education Board Act.

(3.) The idea appears to have been first mooted in circular No. 1115, dated 27-5-1981 issued by the Director (Secondary Education)-cum-Special Secretary, Education Department, Government of Bihar. This letter noted the fact that there were a number of blocks in the State where there were less than four high schools and in 435 blocks out of a total of 587 blocks in the State, there was not one recognised girls high school. The letter accordingly, declared the resolve of the Government to provide four high schools in each block, at least one of which would be a girls high school. The scheme was proposed to be accomplished during 1981-82 to 1984-85, the remaining four years of the 6th five year plan period. The letter gave the numbers of the schools to be established/taken over in each of these years from 1981-82 to 1984-85 and proposed to establish 650 schools during the period of four years. It was also stated in the letter that in 1981-82, the first year of the scheme, priority would be given to the regions of Santhal Pargahas and Chotanagpur which were relatively more backward in the sphere of education. Hence, the letter asked the District Education Officers posted in the Chotanagpur and Santhal Parganas regions to prepare a list of such blocks where there were two or less schools. It was also stipulated in the letter that for being taken over as a project school preference would be given to such schools which had been given 'permission for establishment' or were at least proposed schools' (within the meaning of the provisions of the Bihar Secondary Education Board Act) and in case there were no such schools in existence from before, care should be taken that some schools were brought to a standard where they would fulfil the conditions for the grant of permission for establishment/proposed schools. The stipulation appears to be based on pragmatic considerations and the idea was that the Government may takeover such schools which had at least their own land, building etc. and the limited resources of the Government may not be unduly stretched in providing amenities like land, building etc. for the schools. One is bound to appreciate the positive pragmatism on which the scheme was based. It is Anr. matter that in course of implementation the scheme seems to have suffered a few distortions here and there.