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(iii) In view of the unambiguous stand of the State before the High Court, the process of selection was completed in the year 1986 and there remains no controversy as regard establishment or selection of 300 Project Schools during the year 1984-85.
(iv) The question as regard recognition and regularization of the services of the teaching and non-teaching staff of the Project Schools which were selected in the year 1984-85 was categorized as under :
(a) Sanctioned strength of the teachers in the schools;

(ii) Having accepted before the Full Bench that the process of selection of all schools was completed in the year 1986 on the basis of recommendations of a three-man Committee, the State cannot now take a different stand. In any event, the State has accepted in several documents that a number of Project Schools were taken over. Our attention has further been drawn to the fact that during the pendency of the writ petitions, a direction was issued by the High Court to the Secretary to file a list of 300 Project Girls High Schools, which were selected and taken over in the financial year 1984-85, pursuant whereto an affidavit was filed enclosing a list of such schools.

We have not been apprised as to whether any agreement as such had been entered into by and between the Managing Committee of the erstwhile schools and the three-man Committee headed by the Collector of the district. We also fail to understand that if the process of selection was completed in the year 1986, as urged by Mr. Mishra, how those schools could be taken over in 1984-85.

Take over or Regularization of the Services :

So far as taking over of the services of the teaching and non-teaching staff of the Project Schools is concerned, even the same is surrounded by mystery. Counsel appearing on behalf of the Respondents had unequivocally stated that the services of the teaching and non-teaching staff had been regularized. The expression 'regularization' has a definite connotation. Regularization of services must precede a legislative act or in absence of legislation, rules framed in terms of proviso appended to Article 309 of the Constitution of India. [See State of UP v. Neeraj Awasthi  2005 (10) SCALE 286] The concept of regularization pre-supposes irregular appointment at the first instance so as to enable the employer to regularize the same. The dispute in this behalf does not revolve round the question of regularization of the services of teaching and non-teaching staff of the schools who were thithertobefore appointed by Management of Private schools. Had the legislature of the State of Bihar made an enactment nationalizing the schools like Bihar Non-Government Elementary Schools "Taking over" Control Act, 1976 the terms and conditions for taking over of the services of the teaching and non-teaching staff could have been laid down therein so that as and from the appointed day specified therein the teaching and non-teaching staff in stead of continuing in the services all the Managing Committee of the School would have become government servants. In this view of the matter, in absence of any policy decision of the State it cannot be said that the services of the teachers had been taken over, whether along with properties of the schools or not, so as to enable the courts of law to arrive at a definite conclusion that the teaching and non-teaching staff for all intent and purport have become the employees of the State.

Conclusion :

Even if there is no dispute as regard number of schools, in view of the stand taken by the State and particularly in view of the fact that it appears from the records that recognition of the school, if any, had wrongly been granted to some schools where buildings were also not completed or the process of selection was also not over, it may be necessary for the State to have a further look in the matter.
It is furthermore necessary to scrutinize as to whether the teaching and non-teaching staff appointed for the said purpose fulfill the criteria in terms of the policy decision of the State or not. Their qualifications laid down under other relevant statutes for the purpose of obtaining permission must also be scrutinized.