DINESH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ directing the Respondents to regularize /absorb the services of the Petitioner on the post of Assistant Teacher in Project Girls High School, Baharagora, District - East Singhbhum and to pay salary with effect from as stipulated under Government Letter No. 142 dated 4.2.1989 (Annexure-6).

(2.) The then State of Bihar took a policy decision to establish 4 High Schools in each Block of the State including one Girl's High School to eradicate the backwardness from the Society, which policy was notified under Letter No. 1115 dated 27.5.1981. Under the said letter, it had also been decided that in the matter of selection of the Project School, preference would be given to those schools, which are being run by the public assistance or have been granted permission for establishment of the school. Pursuant to that, 150 Schools (boys and girls) were selected in the year 1981-82. Keeping in mind the said benefit, local people of Baharagora Block decided to establish a Girls High School at Baharagore and for that a Managing Committee was constituted for administration of the school which got started functioning from the year 1983 and the Petitioner was appointed as Mathematics Teacher by the Managing Committee on 27.1.1985. At the time of appointment, the Petitioner was holding Post Graduate decree but subsequently he also acquired degree in training from Sister Nivedita College, Kolkata.

(3.) Under the aforesaid policy, only 150 Schools could be selected in the year 1982-83 and, therefore, the State Government took a decision vide Letter No. 12C dated 25.1.1985 selecting 300 Blocks including Baharagora Block to establish/select 300 Girls' High Schools. Pursuant to that, 75 Girls' High Schools in different Blocks were selected at the first instance but subsequently, a Three Man Committee was constituted to select the Project: School in rest of 225 Blocks. The said Committee selected the school of the Petitioner along with others as Project School on 19.3.1985. In course of time in the year 1984-85, teaching and non-teaching staffs of the schools, selected as Project School, when realized that they are being discriminated in the matter of payment of salary with the teachers of the Project Schools, selected in the year 1981-82, they made representation before the Government. Thereupon, a letter bearing No. 142 dated 4.2.1989 (Annexure-6) was issued stipulating therein that the payment would be made to those teachers who were having requisite qualification and were appointed by the Managing Committee, after taking permission from the Establishment Committee. The eligibility of the teachers was to be examined by the Three Members Committee who was supposed to submit a project report/check list. Accordingly, the District Education Officer, East Singhbhum inspected the Project School of the Petitioner and submitted project report/check list to the Director, Secondary Education vide its letter dated 30.1.1990 to be placed before the Screening Committee and in the said check list, Petitioner's name does find mentioned. However, the interest of some of the teachers got adversely affected vide Letter No. 142 dated 4.2.1989 and hence, it was challenged before the Patna High Court. Subsequently, the matter reached to the Hon'ble Supreme Court where it was disposed of by recording that the matter relating to the regularization of services of the teachers of the Project Schools be decided by the Full Bench of the Patna High Court and, accordingly, the Patna High Court decided the matter, where Letter No. 142 dated 4.2.1989 was under challenge. The Full Bench of Patna High Court while deciding number of issues did hold that nothing wrong seems to have been done in selecting the Project Schools in the year 1984-85 and that if the teachers got their minimum qualification enhanced till the recommendation of the Screening Committee, they will be entitled to be regularized in the service. The decision rendered by the Full Bench of the Patna High Court was challenged before the Hon'ble Supreme Court in Civil Appeal Nos. 6626 - 6681/2001, whereby a decision rendered by the Full Bench was upheld though over one of the issues relating to the matter of selection of the Project Schools in the year 1985, slight modification was made, whereby Chief Secretary of Bihar was directed to constitute a Three Members Committee to consider the eligibility of the teachers of the Project Schools, selected in the financial year 1984-85. Accordingly, since 89 Schools, out of 300 Project Gills' High Schools are situated within the territory of State of Jharkhand, the Chief Secretary of the State of Jharkhand constituted a Three Members Committee in terms of the order of the Hon'ble Supreme Court to consider the eligibility of the teachers, whereas the State of Bihar was concened with 211 Project Schools. Three Members Committee, appointed by the State of Bihar, after examining the matter, found all appointments made prior to issuance of Letter No. 142 dated 4.2.1989 proper and, hence, made recommendation for their absorption. The Committee even made recommendation for regularizarion of the services of the teachers, who had enhanced their qualification till the date when the matter was examined by Three Members Committee. The Three Members Committee of Bihar also accepted the training qualification, obtained by the teaching staffs from the other University/other Institution, which is situated in different places under the territory of India, subject to condition that they have obtained the said qualification prior to promulgation of N.C.T.E. Act. Accordingly, the Government of Bihar accepted the recommendation relating to regularization of the services of those teachers w.e.f. 1.1.1989.