RAM NATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these cases, the common question to be considered is, whether Science teachers and Arts teachers belonged to two different cadres in the elementary school or not. In Naresh Jha and Others vs. State of Bihar and Others [1994(2) PLJR 348], a Division Bench of this Court held that there is no record to show that the cadres were created separately and, therefore, came to the conclusion that there is a joint cadre of science and arts teachers and ordered to prepare a joint gradation list.

(2.) WHEN a group of writ petitions came up for consideration, the learned Single Judge doubted the correctness of the judgment in Naresh Jha (supra) and, therefore, the matter was referred to a Division Bench. The operative portion of the reference order reads as follows: ''

(3.) TO understand how the Science teachers were categorized separately, we have to consider the short history of the same. We mention in this judgment mainly the annexures referred to in CWJC No. 1283/97 and LPA No. 985/96. Before 1968, there was no separate quota/unit for appointment of teachers for teaching the Science subject in the schools. The teachers appointed had to teach all the subjects according to the requirement. The Government felt the need to appoint teachers to teach Science in the schools. Teachers qualified in that subject were found necessary. By Annexure -1 dated 30.11.1968, the Government, for the first time directed appointment of Science teachers in all the schools for teaching the Science subject. By Annexure -2 dated 5.1.1973, the Government decided to appoint Science teachers separately creating the post of Science teacher and reserved 25% of the total strength of teachers to be appointed as Science teachers directly in I.Sc. grade. By letter dated 26.6.1973, the Government sanctioned certain posts fixing the stipend of Rs. 150/ - for Matriculate Science teachers and Rs. 175/ - for I.Sc. trained teachers, on the basis of a UNICEF programme. The Government, by Annexure -4 dated 10.9.1973, fixed eligibility criteria for appointment as Science teachers. The said letter was modified on 15.9.1973 (Annexure - 5) to the extent that 25% Science teachers can be appointed and in the absence of the qualified candidates, persons who have passed matriculation or higher secondary with Science subject can be considered. By Annexure -6 dated 18.9.1975. the Government sanctioned 2500 posts of I.Sc. trained and 7700 matric trained Science teachers and were allowed directly the scale of I.Sc. under the special employment scheme. Since teachers were necessary to teach the Science subject, it was stated that if reserved category candidates are not available, untrained reserved candidates shall be appointed and in case of non -availability, the same has to be de -reserved. Having felt that Science teachers should be appointed to teach Science instead of Arts teachers, by letter dated 5.12.1979, the Government sanctioned 9000 posts of Primary teachers, out of which 2250 posts were sanctioned for inter -trained teachers reserving 50% for Science teachers, as could be seen from Annexure -8. Again, by Annexure -9 dated 20.2.1981, the Government sanctioned 2300 posts of Science teachers were sanctioned separately 1150 I.Sc. trained teachers and 1150 graduate trained Science teachers. By Annexure - 10 notification dated 18.12.1984. the Government, by virtue of the powers conferred under Section 8 of the Bihar Non - Government Elementary School (Taking -Over of Control) Act, 1976 published guidelines with regard to appointment and promotion of teachers in supersession of all previous rules and the teachers were divided into three grades viz.