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Showing contexts for: MUNGER in The State Of Bihar vs The Bihar Secondary Teachers Struggle ... on 10 May, 2019Matching Fragments
Uday Umesh Lalit, J.
1. Leave granted.
2. These appeals are directed against common judgment and order dated 31.10.2017 passed by the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No.21199 of 2013 and all connected matters.
3. In 1981, all non-Government Secondary Schools were nationalized and the management was taken over by State of Bihar.
Consequently, all teaching and non-teaching staff were given salaries and emoluments at the Government scales. With the schemes like Sarva Shiksha Abhiyan, introduction of Article 21A in the Constitution and coming into force of the Right of Children to Free and Compulsion Education Act, 2009 (‘RTE Act’, for short), the State was required to Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
4. By the Bihar non-Government Secondary Schools (Taking over of Management and Control) Act, 1981 (‘1981 Act’, for short), management and control of non-Government Secondary Schools were taken over by the State. In terms of Section 3, all non-Government Secondary Schools other than Minority Secondary Schools based on religion or language and Centrally sponsored, autonomous and proprietary schools were taken over by the State Government w.e.f. 02.10.1980. Consequently, every Head Master, Teacher and other employees of such school became employees of the State Government, with Management and Control of all the nationalized schools vesting in the Director of Education of State Government (In charge of Secondary education). Section 10 dealt with establishment of School Service Board which was entrusted with the Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
If the State Government has framed a policy/scheme for evolving a way of balancing between the requirement of teachers and the financial liability together with devolution of power to the Panchayats, the Court would not interfere and disturb the equilibrium.”
19. Around this time, several other writ petitions were filed, being aggrieved by the differential treatment, where the Niyojit Teachers appointed under Rules of 2006 were not been given the same pay-scales and were differentially treated. These petitions highlighted denial of concept of “equal pay for equal work” and challenged the validity of relevant provisions of 2006 Rules. The matters were taken up by the Division Bench of the High Court, the lead matter being CWJC 21199 of 2013 filed by the Bihar Secondary Teachers Struggle Committee, Munger. Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
5 (1989) 1 SCC 182 6 (1989) 3 SCC 191 7 (1990) 2 SCC 396 8 1993 Supp (1) SCC 153 9 (1998) 1 SCC 422 10 (2002) 6 SCC 72 11 (2007) 8 SCC 279 Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.
B) Shri Rakesh Dwivedi, learned Senior Advocate submitted that with the insertion of Article 21A in the Constitution and Right to Free and Compulsory Education of Children being a Fundamental Right, the State was required to spread educational opportunities and establish schools in remotest areas. The State had never been averse to granting pay-scales which could be more remunerative but initially the emphasis had to be on spread of education within the constraints of its resources. He submitted that as a part of the Constitutional obligation of providing free and compulsory education, the State has set up 21261 new primary schools, upgraded 19617 primary schools to middle school level and also upgraded 3129 middle schools to secondary or senior secondary level and that the State has presently been spending 20% of its budget on education. Since the first and foremost objective was to achieve spread of education, with the passage of time, the State has consciously been improving the emoluments which were initially granted to Niyojit Teachers. He further submitted that in terms of provisions of the Act it is the responsibility of the State to spread education in every neighbourhood and in every nook and corner of the State. He submitted that the policy of roll out of universalisation and spread of education was carefully crafted keeping in mind the capacity of the State. First task having been achieved, the State is Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors.