Committee Formed to Evaluate Recognition and Regularization of Project Schools and Staff, Ensures Legal Compliance.

The SC directed the formation of a committee to review the recognition and regularization of Project Schools and their staff. This committee is tasked with examining the claims and qualifications of teaching and non-teaching staff, reporting to the Chief Secretary. The court emphasized adherence to constitutional provisions and legal procedures, disposing of the appeals with explicit instructions for the State's further actions.

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Issues Involved:
1. Policy decision regarding establishment of Project Schools.
2. Implementation of the scheme for Project Schools.
3. Recognition and regularization of services of teaching and non-teaching staff.
4. Discrepancies in the number of schools recognized and taken over.
5. Legal implications of the take over of schools by the State.
6. Qualifications and age criteria for teachers in Project Schools.

Issue-Wise Analysis:

1. Policy Decision Regarding Establishment of Project Schools:
The State of Bihar, recognizing its educational backwardness, adopted a policy decision to establish Project Schools under the sixth Five Year Plan (1981-1985). The goal was to establish at least four high schools per block, including one Girls High School. Priority was given to the districts of Santhal Pargana and Chhotanagpur due to their educational backwardness. The policy aimed to establish 650 schools over four years, with specific targets set for each year.

2. Implementation of the Scheme for Project Schools:
The implementation involved identifying blocks with fewer than four schools and establishing new ones. A three-man committee was formed to identify existing schools for recognition. The State issued circulars detailing the mode of appointment and qualifications for teachers. By 1981-82, 150 schools were established. The State's approach included both direct establishment of schools and recognition of private schools through public participation.

3. Recognition and Regularization of Services of Teaching and Non-Teaching Staff:
The recognition and regularization of teachers' services were governed by circulars issued by the State. The Full Bench of the Patna High Court held that the provisions for recognition and regularization applied to schools selected during both 1981-82 and 1984-85. The court emphasized the need for a clear policy on qualifications and regularization criteria. The High Court found that the staffing pattern should include nine posts, including the Head Master/Head Mistress, as per the 1982 circular.

4. Discrepancies in the Number of Schools Recognized and Taken Over:
There was a dispute regarding the number of schools recognized and taken over. The State contended that only 132 schools were taken over, while respondents argued that 300 schools were recognized. The High Court found that the process of selection was completed in 1986, and there was no controversy regarding the establishment of 300 Project Schools during 1984-85. The Supreme Court noted discrepancies in the State's stand and directed a further review by a committee.

5. Legal Implications of the Take Over of Schools by the State:
The term "take over" was used loosely, and the Supreme Court emphasized that any take over must comply with Article 300A of the Constitution, which requires a law for the acquisition of property. The court noted that the State's actions must be supported by legislation or a clear policy decision. The management of schools and the appointment of teachers must follow legal procedures and constitutional provisions.

6. Qualifications and Age Criteria for Teachers in Project Schools:
The qualifications and age criteria for teachers were outlined in the circular dated 04.02.1989. The High Court found that the criteria should not be applied retrospectively and that the minimum qualifying age for teachers should be 18 years. The court also addressed the equivalence of B.T. certificates with B.Ed. degrees and left it to the State to decide on the recognition of such qualifications.

Conclusion:
The Supreme Court directed the constitution of a committee to review the recognition and regularization of Project Schools and their staff. The committee would scrutinize the claims and qualifications of the teaching and non-teaching staff and submit a report to the Chief Secretary. The court emphasized the need for adherence to constitutional provisions and legal procedures in the take over and management of schools. The appeals were disposed of with specific directions for further action by the State.

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