IMRAN ALAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) We have head Mr. S.B.K. Mangalam and Mr. Niranjan Kumar, learned Counsel for the petitioners and Mr. Lalit Kishore, learned Principal Additional Advocate General for the State-respondents. We have also heard Mr. Rashid Alam, learned Counsel for the Bihar State Madarsa Education Board, and Mr. Satyam Shivam Sundram, learned Counsel for the Bihar Sanskrit Education Board.

(2.) The facts which are germane and not in dispute in the present batch of writ applications filed under Art. 226 of the Constitution of India, are short. There are 1119 non-Government recognised Madarsas and 9 (nine) girls Madarsas (total, 1128) in the State of Bihar. Besides the above Madarsas, there are 2459 Madarsas, which have been registered by the Bihar State Madarsa Education Board, but have not been recognised by the State Government. These Madarsas impart education to male and female students of the minority. Similarly, there are 531 Sanskrit Schools, which have due recognition by the State Government, which impart teaching in Sanskrit. The Madarsas and Sanskrit Schools, recognised by the State Government, get grant-in-aid from the State Government for the purpose of making payment to the teaching and non-teaching employees, working in the said Madarsas and Sanskrit Schools in their respective pay scales, which has been mentioned in the resolution issued by the letter No. 10/o 3-06/1994dated 31.08.2013, by Education Department, Government of Bihar (Annexure-4).

(3.) The grievance of the petitioners, in the present batch of writ applications, is that they had been appointed by the respective Governing Bodies/Managing Committees of the respective recognised Madarsas/Sanskrit Schools in their respective pay scales, which were among 1128 Madarsas and 531 Sanskrit Schools, since before 31.08.2013, but after 15.02.2011. Clause 6 of the aforesaid Resolution, dated 31.08.2013, however, prescribes that teaching and non-teaching employees, appointed in the said recognised Madarsas and Sanskrit Schools, against vacancies arising out of retirement of teaching/non-teaching employees, shall be treated to have been converted into teaching/non-teaching employees in fixed salary, with effect from 15.02.2011, for the purpose of quantifying the grant-in-aid to be released to the said recognised Madarsas/Sanskrit Schools on the basis of fixed salary for such employees.