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thousands of new elementary schools and employment of teachers in large number. It has also become necessary to handover the responsibility of elementary Education to Panchayat Raj Institutions considering their important roles in Elementary Education in the light of 73 rd and 74th amendments of the constitution. Consequently, to achieve the above goal, this rule is being made for the employment of teachers in elementary schools.” Rules 3 and 4 of said Rules were to the following effect: “3. Grade of Panchayat Elementary Teacher- There will be two grades of Panchayat Elementary Teachers:-
(a) A primary school has to be established within a limit of 1(one) km. of all habitations, where number of children between the ages of 6-14 years are at least 40 (forty):
(b) An elementary school has to be established within a limit of 3 (three) km. of any habitation: (2) wherever required, the State Government shall upgrade a primary school to elementary school. (3) In places with difficult terrain, risk of floods, landslides, erosion, lack of roads and in general, danger 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.
(a) The teachers should be accountable to the school education committee constituted under Section 21 of the Act.
(b) The provision of creation of favourable conditions for teachers to stay in teaching profession for long period.”

16. Soon thereafter Bihar Panchayat Elementary Teachers (Employment and Services Conditions) Rules, 2012 came into force on 03.04.2012. The terms Primary School, Middle School and Elementary School by defining Rules 2 (i)(ii)(iii) respectively as under:-

“18. It may be noted that in the elementary schools there are about 3,19,703 niyojit teachers whereas; in the secondary/higher secondary schools there are about 38,715 niyojit teachers (including librarians). Out of those teachers working in the elementary schools, 2,65,000 teachers are covered under the Sarv Shiksha Abhiyan. For payment of salary to the teachers covered under the Sarv Shiksha Abhiyan, the percentage of share of Central Government and State Government is 60% and 40% respectively.