PROJECT UCHCHA VIDYALAYA SHIKSHAK SANGH Vs. STATE

JUDGEMENT

(1.) This batch of cases relate to different Project Schools selected by the State Government for execution of a Scheme to provide four High Schools in each of the Blocks of this State, at least one of which should be a Girls' High School. The idea first (if all appears to have been mooted by the Director, Secondary Education -cum -Special Secretary, Department of Education, through circular No. 1115, dated 27th May 1981, that 650 Project Schools would be established under the aforesaid scheme. Since such schools were to be established year wise in different phases, it was decided that in the first phase, 150 schools shall be established in the year 1981 -82,200 during the year 1982 -83, another 200 in the year 1983 -84, and the remaining 100 schools were to be established in the year 1984 -85, f. e. within the four financial years. It was also decided that first priority shall be given to the Regions of Santhal Perganas and Chhotanagpur, which are the most backward areas of this State, particularly in the sphere of education. The District Education Officers of those areas were directed to prepare a list of such Blocks where there were only two or less schools by giving preference to such schools which had been granted permission for "establishment" or were at least "proposed schools" in terms of the provisions of the Bihar Secondary Education Board Act. It would further appear that having regard to huge financial involvement, basic idea of the Government was to take over such Schools which had at least land and building etc. so that with the limited resources, the implementation of the scheme could be possible in different phases.

(2.) In this way, the State Government initially established 150 schools in the financial year 1981 -82, commonly known as "first phase Project Schools". However, no project school was opened in the subsequent years i.e. 1982 -83 and 1983 -84. For the reasons best known to the authorities, it was only by letter No. 12C dated 25th January, 1985 that a decision was taken to select further 300 schools during the financial year 1984 -85 and in that direction initially by letter No. 108 dated 27th February, 1985, 75 schools were selected and notified by the Government as established schools. Thereafter, by letter No. 142 dated 23rd February, 1985, a three -man committee was constituted to complete the process of selection of the remaining 225 schools which were established with the assistance of the local people. The first phase of the schools are those which were established by the State Government itself and after the establishment not only the school buildings were constructed out of its fund, the management and control of such schools also throughout remained with the State Government. It appears that since the State Government was not in a position to establish all the schools of its own, it was decided to select some of the High Schools privately established and managed by local people as "Project Schools", These batch of cases before us are those schools which were taken over and selected in the financial year 1984 -85.

(3.) According to the petitioners, establishment or take over of all the Project Schools in different Blocks of the State are one continuous process under a common scheme. Therefore, the Service conditions of the teachers and the employees of such schools should be governed by the same provisions as were made applicable to the teaching and non -teaching employees of 150 Project Schools, which were selected during the financial year 1981 -82. From the relevant circulars, it is evident that the process of selection or take over of all the 650 schools were though to be completed in different financial years but under a common scheme. But according to them, the respondents have adopted different criteria for the teachers of remaining Project Schools taken, over during the year 1984 -85.