Rongon Mukhopadhyay, J. - (1.) IN this writ application the petitioner has prayed for quashing that part of the report of the Three Man Committee in which recommendation of the service of the petitioner has been refused on the ground that he was appointed after selection of the school. A further direction has been sought for recognising the services of the petitioner and a further direction upon the respondents to pay the salary to the petitioner w.e.f. 01.01.1989 alongwith all consequential benefits.
(2.) 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(C) 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. The local people of Goelkera Block in order to facilitate the education of girls established a girl high school which was also selected as one of the project schools by the three men committee. The Managing Committee of the Project Girls High Schools, Goelkera started functioning from 1984 and the petitioner was appointed by the Managing Committee on 30.12.1988 on the post of Science Teacher. 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 schools 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 the Project Schools. Full Bench passed an order on 7.12.1999. 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 para 35 in the judgment of the Hon'ble Patna High Court.
(3.) HEARD Mr. Sanjay Kumar Pandey, learned counsel for the petitioner and Mr. Amit Kumar, learned J.C. to G.P. -II.;