Judgment

JUDGMENT :- This appeal by special leave is directed against a judgment of the Patna High Court dated May 23, 1980 by which the High Court directed the appellant to take steps for the proper management of the Middle School, Bela, in the district of Patna and to pay salary to the respondents Nos. 2 to 6 who are teachers of the school, in accordance with law.

2. The learned Attorney General appearing an behalf of the State of Bihar, rightly makes a grievance that no such direction could be made by the High Court. The Bihar Non-Government Elementary Schools (Taking over of Control) Act, 1976 enacted for the better organisation and development of Elementary Education in the State of Bihar. Sub-secs. (2) and (3) of the Act provide as follow :-

" 3 (2) Aided Elementary School, the Managing Committee of which have handed over voluntarily the control of the school to the Government, shall be taken over by the Government with effect from the date which shall be determined by the District Committee referred to in sub-sec. (4) for this purpose.

(3) Elementary Schools administered by any public or private undertakings shall be taken over by the State Government by publication of a notific