BIRENDRA PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) In this writ application, the petitioner has sought for a direction from this Hon'ble Court to recognize/regularize the service of the petitioner and his teaching and non teaching staffs working in Project Girls High School, Pratappur, District -Chatra as also to pay salary with all consequential benefits with effect from 1.1.1989 in terms of the order as contained in letter No. 142 dated 4.2.1989 as per the orders passed by the Hon'ble Supreme Court as well as Patna High Court. The facts which arise from the averments made in the writ application are that in order to eradicate the educational backwardness from the society, the State Government had taken a decision to establish four high schools in each block of the State, out of which, one must be a girls high school. The State Government decided to introduce and regulate the said scheme, popularly known as Project Scheme, firstly in Chhotanagpur and Santhal Pargana Division. The scheme was notified by the State Government vide Government letter No. 1115 dated 27.05.1981. Following the policy decision, the State Government in the financial year 1981 -82 selected 150 high schools in different blocks of the State and most of the schools were running with public assistance. However, due to paucity of fund, no school was selected in the financial year 1982 -83 and 1983 -84 but in the financial year 1984 -85, the State Government decided and selected 300 blocks to select or establish at least one girls high school in each of the said blocks in terms of letter No. 12 dated 25.01.1985. The State Government vide letter No. 108 dated 12.02.1985 selected 75 girls high schools in 75 blocks out of 300 selected blocks but since difficulties arose in selection of the school, as such a letter was issued by the Education Department bearing letter No. 142 dated 23.02.1985 constituting a three men committee in each district selected by the concerned District Magistrate with a direction to select the schools in their respective districts.

(2.) The local people of Pratappur Block and its adjoining areas in order to facilitate the education of girls established a girls high school, which was also selected as one of the Project Schools by the Three Men Committee constituted in the district of Hazaribagh. The Managing Committee of the Project Girls High School, Pratappur started making the process of appointment, to which the petitioner had also applied and the Managing Committee of the school appointed the petitioner on the post of In -charge Headmaster and a letter to that effect was issued on 18.11.1984. The petitioner pursuant to his letter of appointment joined the post of incharge headmaster on 19.11.1984. The petitioner being the senior most teacher of the school was authorized to act as Acting Headmaster and subsequently the Managing Committee vide Resolution dated 11.04.1985 appointed the petitioner on the post of permanent Headmaster in the school and a letter to that effect was issued on 11.04.1985 under the signature of the Secretary of the School. The State Government issued an order vide letter No. 142 dated 4.2.1989 providing payment of salary to teaching and non -teaching staffs with effect from 1.1.1989, whose appointments have been made prior to selection of the school and certain conditions were stipulated in the said letter dated 4.2.1989. Several writ applications were preferred before the Hon'ble Patna High Court by teaching and non teaching staffs of the Project School for recognition of their services and for payment of salary. The validity of the letter No. 142 dated 4.2.1989 was also challenged but the same being dismissed an appeal was preferred before the Hon'ble Supreme Court, which remitted the matter back to the Hon'ble Patna High Court for constituting a Full Bench and deciding all the issues relating to Project Schools. Full Bench passed an order on 7.12.1999, against which the State of Bihar went in appeal in Civil Appeal No. 6626 -6681/2001 before the Hon'ble Supreme Court, in which specific direction was given that the committee shall also deal with all such individual cases of the appellants in terms of the direction at paragraph 35 of the judgment of the Hon'ble Patna High Court.

(3.) Mr. Saurav Shekhar, learned counsel for the petitioner, has submitted that the petitioner was selected by the Managing Committee on the post of In -charge Headmaster in view of letter dated 18.11.1984 and subsequently in terms of the Resolution dated 11.04.1985, the petitioner was appointed on the post of Permanent Headmaster. It has been submitted that at the time of appointment, the qualification of the petitioner was Bachelor of Arts (B.A.) and after his appointment, he has obtained Master Degree in Arts. It has further been submitted that the petitioner had successfully completed teachers training in 1988 itself. It has also been submitted that admittedly the petitioner was appointed prior to selection of the Project Girls High School, Pratappur by the State Government. Learned counsel further adds that the Hon'ble Full Bench in the case of Project Uchcha Vidyalaya Shikshak Sangh had clearly held at paragraph 33 of the judgment that the cut -off date for possessing the minimum qualification shall be the date on which the reports were submitted by the Screening Committee. Learned counsel for the petitioner has stated that the petitioner had obtained necessary qualification much prior to the report of the Screening Committee but the Screening Committee in its report did not consider the said fact while rejecting the claim of the petitioner for recognition of his services.