S.B.Sinha, J. - (1.) THESE Appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. Introduction:
(2.) IMPARTING of education is a sovereign function of the State. Article 21A of the Constitution of India envisages that children of age group 6 to 14 have a fundamental right of education. Clause 3 of Article 15 of the Constitution envisages special protection and affirmative action for women and children. Policy Decision : Presumably, keeping in view the aforementioned constitutional scheme, a policy decision was adopted by the State to establish Project Schools. The State of Bihar is comparatively considered to be educationally backward. With a view to combat the said problem the State issued a Circular bearing No. 1115 dated 27.5.1981 laying down a policy decision therein that in the remaining four years of sixth Five Year Plan period, i.e., from 1981- 1982 to 1984-1985 the State should achieve the target of establishment of at least four High Schools, out of which one may be Girls High School in every block. The Circular letter states that according to the information received there are many blocks where less than four schools are functioning. Out of 587 blocks of the State 435 blocks were identified where even a single Girls High School was not recognized. The proposed numbers of schools which were to be opened are as under: JUDGEMENT_91_SUPREME1_2006Html1.htm
(3.) THE districts of Santhal Pargana and Chhotanagpur which were thence part of the State of Bihar and now part of the State of Jharkhand were to be given priority as the said areas in educational spheres were found to be comparatively more backward. In seven districts of the said areas, the Government proposed to establish 299 new High Schools in 1981- 82 in each block of the said area. As it was found difficult to attain the target of establishment of minimum four High Schools, it was observed that even if four High Schools are established, the students for so many schools may not be found. In the said areas, therefore two High Schools were proposed to be definitely established in the following terms: JUDGEMENT_91_SUPREME1_2006Html2.htm It was further laid down therein that: "4. It is expected from the District Education Officer posted in Chhotanagpur and Santhal Pargana area that they will prepare the list of such blocks of their District immediately where there are less than 2 (Two) High Schools and will make such arrangement that in the present financial year i.e. 1981-92 in their district at least two High Schools may be established. At the time of preparing proposal for establishment of new High Schools priority will be given to those High Schools which are granted permission for establishment proposed High Schools and efforts will be made that getting all the conditions regarding recognition completed from those High Schools, which are accorded permission for establishment proposed High Schools only they should be granted recognition. By doing so at least establishment of two High Schools could be obtained without delay. On one hand where the High Schools are accorded permission for establishment proposed High Schools will get recognition on the other hand the local resources like land, building etc. could also properly be used and the Government would get a big amount as subscription. If in any block then may not be schools which fine granted permission for establishment proposed High School, then it is expected from the District Education Officer that looking to the population distance etc. he will propose for establishment of High School at such places where the Government land is easily available so that the expenses to be incurred on purchase of land could be saved. Efforts will be made to obtain the land and building through local efforts. 5. THE State Government has also taken a decision that in the year 1981-82 in 7 Districts of Chhotanagpur and Santhal Pargana area in those blocks one Girls High School may be established where already at least 3 boys High Schools are functioning. By doing so target of establishing of at least 4 High Schools in these blocks will be achieved in which there would be at least one Girls High Schools. For obtaining this target in the area District-wise Girls High Schools will have to be established in following numbers:- JUDGEMENT_91_SUPREME1_2006Html3.htm The District Education Officers were directed to take action for establishment of Girls High Schools. Further decision has been taken by the State that in Santhal Pargana and Chhotanagpur areas, 14 other High Schools may also be established. In such blocks where at least two High Schools are already functioning and where the local officer thinks it necessary to establish new schools on the basis of population, area of the block such High Schools were to be Boys High Schools in the following terms: JUDGEMENT_91_SUPREME1_2006Html4.htm ;