The state government has the power to frame rules under section 9 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981, to determine the service conditions of the teachers and other employees of the nationalized secondary schools, and such rules are not required to be laid before the legislature under section 15 of the Act.

P. S. Sahay, J. - This JUDGMENT : will govern all the cases which have been heard together and points are also common. In C.W.J.C. No. 4121 of 1983 a prayer has been made to quash Annexure-3 the rules framed by the State under the provisions of the Bihar Act 33 of 1982 (hereinafter referred to as "the Act'). There is also a prayer to quash Annexures-4 and 5, directions issued by the Director of Secondary Education setting out certain terms in the service conditions of the petitioners who are all teachers of School. In C.W.J.C. No. 4067 of 1983 prayer is to declare 5 (a) of the Rules framed by the State Government as illegal and without jurisdiction and for quashing Annexures-4 and 5, the direction given by the Director, as mentioned earlier. In C.W.J.C. No. 3817 of 1983 rule 5 of the Service conditions has been challenged. The service-conditions, so framed, have also been challenged in C.W.J.C. N6. 5313 or 1983. In C.W.J.C. 184 of 1984 the posting of respondent no. 5 as headmaster in place of the petitioner is under challenge. In C.W.J.C. no. 4858 of 1983, prayer has been made for quashing Annexure-1 dated 6.10.1983 by which respondent no. 5 has been posted as headmaster of the School where the petitioner was working.

2. In ORDER :to appreciate the points, which have been raised in these applications it will be necessary to state necessary facts. Formerly there were Government Schools owned by the State Government and the teachers were governed by the Service conditions of Government Servants. There were private Schools run by private individuals, Trusts and other Bodies, managed by the Managing Committee who were the appointing authorities with different set of service conditions, scale of pay, other benefits etc. etc. Prior to the year 1958 there were only High Schools and the Government issued directions from time to time for the management of the affairs of the Schools. Some of those directions were challenged by a Managing Committee of a School and the matter went up to the Supreme Court and in the ease of Dwark Nath Tiwary vs. State of Bihar (A.I.R. 1959 Supreme Court 249) it was held that the ORDER :s or circulars issued by the State Government to the private schools had no statutory force. After 1958 new Schools came into existence which were known as Higher Secondary Schools, in which persons having minimum qualification of M. A. degree were appointed as teachers in High Schools. In the year 1966 post of Assistant Headmaster was created in the School in which there were more than 320 students. In 1968 two posts of Post-graduate teachers were created. This led to some heart-burning among the teachers, who were appointed before them and then it was decided that fifteen per cent of the teachers, who were graduates, will be promoted to selection grade with higher scale of pay. In 1971 the Higher Secondary Schools were abolished and 10 plus 2 plus three scheme was introduced. The Assistant Headmaster of the Schools were given post graduate scale of Rs. 450-755 with effect from 4.7.1975 and since there were limited post of Assistant Headmasters; objections were raised by the trained graduates and they were brought on par in the same scale of pay by the rules framed in the year 1978. The Headmasters were given the scale of Rs. 1000-1820 and the seniority was to be reckoned from the date of appointment as Headmaster. Selection grade to the teachers was given in the scale of 490-1650.

3. After the JUDGMENT : in the case of Dwarka Nath Tiwary (supra) Bihar Act 13 of 1960 was enacted for the Management of the private Schools and thereafter there were series of Ordinances regarding the control and management of the private Schools of the State Government starting from the year 1974 to 1976, the last one was Ordinance No. 169 of 1976. Thereafter the Bihar Secondary Education Board Act, 1976 (Bihar Act 25 of 1976) came into force with effect from 31.12.1976. Various notifications were also issued from time to time for givin