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2006 Supreme(SC) 3

P.P.NAOLEKAR, S.B.SINHA
State Of Bihar – Appellant
Versus
Project Uchcha Vidya Sikshak Sangh – Respondent


Judgment

S.B. Sinha, J.—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 :

3. 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.

4. The Circular letter states that according to the information received there are many blocks w














































































































































































































































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