question of law as to whether in case of teachers of elementary schools taken over by the State Government under the Bihar Non-Govern ... ment Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter referred to as 'the Act') who ceased to be in service of such
Mithapur, Patna Under Section 3(4) of the Bihar Non-Government Elementary Schools (Taking Over of Control) Act, 1976, and to pay salary and other ... control for better organisation and development of elementary education in the State of Bihar. "Elementary school" has been defined under Section
School voluntarily hands over the
control of the School to the Government. Sub-section (3)
contemplates taking over of elementary Schools
administered by public ... School
other than the Schools managed/administered by local
authorities and public or private undertakings.
Presently the claim of the petitioner is that his School
organization and
development of elementary education in the State of Bihar. Section 2
of the said Act defines 'Elementary School' and Section ... context,-
(a) "Elementary School" means a school of different
grades up to class VII and includes -
(i) a school established and administered
qualification for appointment as
Headmaster in the Basic Schools and Secondary
Schools remained graduate trained, only Elementary
Schools were singled out for post graduate trained ... Basic Schools, Elementary Schools and
Secondary Schools with regard to qualifications,
matters would have been entirely different. Even, if
Basic School teachers, keeping in mind
their claim that the School in question is an aided school.
6. Section 2(a) of the Act defines 'elementary school' to mean ... grant by the school because the legal identity of the school is entirely different from the teachers employed by such school.
14. It has been
Court were
appointed in elementary schools, permitted to
work in basic schools as there was no vacancy in
the elementary schools and as such they ... elementary
schools are different and distinct from the
teachers who are appointed in basic schools.
The teachers of the basic schools are promoted
restricted the applicability of the
Rule 10 of the Bihar State Elementary
School Teachers Promotion Rules, 2011,
(One time relaxation for promotion to the
post ... time relaxation as laid
down in Rule 10 of Bihar State Elementary
School Teachers Promotion Rules, 2011, is
bad in law and on facts
schools.
(xii) "School Education Committee" means committee
constituted under School Education Committee Act-2000 for
management and supervision of each and every school ... middle school.
(In the case of upgradation of a primary school into a middle
school, the teachers of primary school will become the teachers
State had devised the Bihar
Elementary Teachers Eligibility Test, 2011, for
selecting teachers in the elementary schools from
Class-I to VIII. In accordance with ... again the Elementary
Teachers Rules-2012 was brought out wherein all
rules, orders and instructions regarding employment
of teachers in elementary schools of rural areas
