All the writ petitions relate to 'Project Schools' of 2nd Phase (1984-85). The petitioner of all the cases except one i.e. CWJC No. 6881/95 have prayed for almost same relief i.e. directions on the concerned authorities for regularisation/absorption or their services in the Government and for payment of salary with effect from 1.1.1989. For the said reason, all the cases were heard together and are being disposed of by this common judgment.

2. 1he controversy relating to project Schools of 2nd Phase (1984-85) is pending before the Government since long. One of the dispute while related to the total number of sanctioned posts in such schools, other dispute relates to the fact whether a particular school is a Project School of the Government or not.

3. From the pleadings, as it appears that the Project Schools are schools established/taken over by the Government under a scheme to provide at least one Girls Secondary/High Schools in each Block of the State and no specific Rule/Act was framed, but were so established/taken over in pursuance of different instruments like letters and circulars. This Court at the time of hearing directed the State of Bihar to file specific counter affidavit giving details relating to the nature of schools; number of posts created; and the orders under which schools, if any, taken over as Project School, which have been filed in CWJC Nos. 8634 of 1996 and 6881 of 1995. On the direction or this Court, the State of Bihar also produced relevant File No. 12/PA-65/87 related to Project Schools and payment of salary to its teachers.

4. After hearing the parties pleadings made in different writ petitions, counter affidavits filed therein, original file placed by the State Government and Compendium of Circulars published in a book known as Bihar Madhyamik Shiksha Ka Ek Dashak'. I could trace out the history of Project School as mentioned hereunder.

The State of Bihar framed scheme under its sixth five year plan to provide at least four Secondary/High Schools in each of the Blocks out of which one must be a Girls School. A total of 435 Blocks were found wherein there was no recognised Girls High Schools and so the State Government decided to open a together 650 Girls High Schools in different Blocks during the following financial near :

Year No. of Blocks

1981-82 150

1982-83 200

1983-84 200

1984-85 100

It appears that the target aforesaid to open Girls His Schools in Apperent Blooks was not achieved. Initially, the State Cove established 150 schools by Government Letter No. 2417 dated 3rd September, 1991 in the year 1981-82. These schools arc commonly known as 1st phase Girls School (1981-82) No such Girls School was opened in the subsequent years 1982-93 and 1983-84. By Letter No. 12 (C) dated 25th January, 1985, it was decided to open 300 Schools in different Blocks for the year 1984-85. Initially, by letter no. 108 dated 12th February, 1985. 75 schools in different Blocks and districts were notified and established, followed by letter no. 142 dated 23rd February, 1985, whereby and where under, it was decided to take over 225 school established by public assistance after necessary recommendation of a three Committee. The 300 schools were thereby established selected in the second phase (1984-95) and these cases relate to some of them.

5. One of the question to be determined in whether a project school of 2nd phase (1984-84) is established by state Govt. or taken over by the State Govt. on recognition? The other question relates to total number of sanctioned Posts of Assistant Teachers in such 2nd phase project schools (1984-85) This Court directed the state to obtain instruction and file additional counter affidavit on the aforesaid questions as well as smbiguity, if any, relating to sanction of posts as shown in letter no. 142 dated 4th February 1989. Such counter affidavits have been filed by the State in C.W.J.C. Nos. 8634/96 ad 6881/95, from which the stand of the State,