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2024 Supreme(Jhk) 47

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
State of Jharkhand – Appellant
Versus
Bal Mohan Prasad, son of Rambrat Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sachin Kumar, Mr. Gaurav Raj, Mr. Sreenu Garapati, Ms. Divya, AC to SC-III, Mr. S.P. Roy, GA (Bihar), Mr. Diwakar Upadhyay, JC to GA (Bihar), Mr. Binit Chandra, JC to GA (Bihar)
For the Respondents:Mr. J.P. Jha, Sr. Advocate, Mr. Ajit Kumar, Sr. Advocate, Mr. Saurabh Shekhar, Advocate, Mr. Anurag Kumar, Advocate, Mr. Sanjay Kumar Pandey, Advocate, Mr. Sanjit Kumar, Advocate, Mr. Indrajit Sinha, Advocate, Miss Sonal Jaiswal, Advocate, Mr. Santosh Kumar Jha, Advocate, Mr. Arbind Jha, Advocate, Mrs. Subha Jha, Advocate, Mrs. Tejaswi, Advocate, Mr. Bijay Kumar Pandey, Advocate, Ms. Anjana Kumari, Advocate, Mr. Subodh Kumar Pandey, Advocate, Mr. Ravi Kumar, Advocate

JUDGMENT :

Per, Shree Chandrashekhar, A.C.J.

These Letters Patent Appeals have been filed by the State of Jharkhand to challenge the order dated 5th September 2018 passed in W.P.(S) No.921 of 2011 and analogous cases. One of these appeals (LPA No.155 of 2020) arises out of Civil Review No.80 of 2018 which was preferred by the State of Jharkhand against the order passed in WP(S) No.5994 of 2013. The State of Jharkhand has questioned the legality of the directions issued by the writ Court for modifying the policy decision in the Resolution dated 25th April 2018; one of the directions is to regularize the untrained teachers.

2. Briefly stated, the State of Bihar mooted a scheme to establish Project Schools in every Block across the State for imparting education to the children. The policy decision of the State of Bihar in this regard was contained in Circular dated 27th May 1981. Under the scheme, four Project Schools including a Girls High School were to be established in each Block in different phases. In the “first phase”[The period 1981-82 is referred to as “first phase”], 150 Project Schools were established but in the subsequent years the scheme was stalled and no progress for the

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