IN THE HIGH COURT OF JUDICATURE AT PATNA L.P.A. No. 1492/2009 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. -------------- Respondents/Appellants Versus Dinesh Thakur, son of late Surya Narayan Thakur, resident of Village-Majhaura, P.O. and P.S.-Bahera, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 1503/2009 1. The State of Bihar. 2. The Principal Secretary Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur. -------------- Respondents/Appellants Versus Satya Narain Thakur, son of Late Sitaram Thakur, resident of village-Lallu Chhapra, P.S.- Paroo, District-Muzaffarpur. -------------- Petitioner/Respondent With L.P.A. No. 1505/2009 1. The State of Bihar. 2. The Three Men Committee, through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, H.R.D. Department of Education, Government of Bihar, Patna. ' 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Darbhanga. 7. The Headmaster, Project Girls High School, Hirni Kuseshuar Sthan, Darbhanga. -------------- Respondents/Appellants Versus Ram Sundar Yadav, Son of Sri Nathuni Yadav, R/o Village-Baghant, P.S.-Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 1521/2009 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur. -------------- Respondents/Appellants 2 Versus Baban Kumar Singh, son of Sri Shiv Prasad Singh, resident of Village-Jian, P.O.- Aiamabishunpur, P.S.-Karja, District-Muzaffarpur. -------------- Petitioner/Respondent With L.P.A. No 1533/2009 1. The State of Bihar. 2. Principal Secretary through Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, East Champaran, Motihari. -------------- Respondents/Appellants Versus Rajiv Kumar Dubey, son of Hari Kishore Dubey, Village-Bhaluahia, P.S.-Adapur, District- East Champaran. -------------- Petitioner/Respondent With L.P.A. No. 1554/2009 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Three Men Committee through Member of Additional Commissioner-cum-Secretary H.R.D.D. Govt. of Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 6. The District Education Officer, Banka. -------------- Respondents/Appellants Versus Surendra Prasad Yadav, Son of Shri Gulab Chandra Yadav, Resident of Village-Manjhli, P.S.-Chandan, District-Banka. -------------- Petitioner/Respondent With L.P.A. No. 1556/2009 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur. -------------- Respondents/Appellants Versus Ajay Kumar Pandey, son of Raj Kishore Pandey, resident of Moh.-Purani Bazar, Brahman Tolly, P.S.-Muzaffarpur Town, District-Muzaffarpur. -------------- Petitioner/Respondent With L.P.A. No. 1572/2009 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Human Resources Development, Government of Bihar, Patna. 3 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 5. The District Education Officer, Darbhanga. -------------- Respondents/Appellants Versus Bhaglu Mishra, Son of Late Chandra Narayan Mishra, resident of village-Nehra, P.S.- Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 1577/2009 1. The State of Bihar. 2. The Additional Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Secretary, Art Culture and Youth, Department, Govt. of Bihar, Patna. 4. The Secretary, Agriculture Department, Govt. of Bihar Patna. 5. The Director, Secondary Education, Govt. of Bihar, Patna. 6. The Regional Deputy Director of Education, Munger Division, Munger. 7. The District Education Officer, Jamui. -------------- Respondents/Appellants Versus Smt. Vidya Keshari, w/o Sri Bharat Prasad Village-Khakai Bazar, P.O.-Chakai, P.S.- Chakai, District-Jamui. -------------- Petitioner/Respondent With L.P.A. No. 1585/2009 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Madhubani. 7. The Headmaster Project Girls High School Brahmotra, Pandoul, Madhubani. -------------- Respondents/Appellants Versus Subhadra Devi, wife of Late Sunanji Choudhary, resident of village-Mehara, Police Station-Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 1593/2009 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur. -------------- Respondents/Appellants Versus Baby Kumari, wife of Sri Sunil Kumar Singh, resident of Village-Gahilo, P.S.-Saraiya District-Muzaffarpur. 4 -------------- Petitioner/Respondent With L.P.A. No. 1601/2009 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 6. The District Education Officer, Bhagalpur 7. The Headmaster, Lalit Narayan Mishra Girls High School Bhramarpur, Bhagalpur. -------------- Respondents/Appellants Versus Rajiv Ranjan Choudhary, Son of Sri Rajendra Prasad Choudhary, R/o Village-Sirejpur, P.S.-Parbata, District-Khagaria. -------------- Petitioner/Respondent With L.P.A. No. 164/2010 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. 6. Addl. Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. -------------- Respondents/Appellants Versus Shashi Kumar Choudhary, son of Sri Mahendra Narayan Choudhary, resident of Village- Raje, Police Station-Manigachhi, District-Madhubani. -------------- Petitioner/Respondent With L.P.A. No. 165/2010 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. 6. Addl. Commissioner-cum-Secretary, H.R. Deptt. Govt. of Bihar, Patna. -------------- Respondents/Appellants Versus Harishchandra Kumar Jha, S/o Sri Mahendra Jha, resident of Village-Brahmpur, P.S.- Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 173/2010 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. -------------- Respondents/Appellants Versus 5 Sachindra Choudhary, Son of Late Arjun Choudhary, resident of Village and P.O.-Basaith, P.S.-Benipatti, District-Madhubani. -------------- Petitioner/Respondent With L.P.A. No. 182/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Madhubani. 7. The Headmaster, Project Girls High School Benipatti, Madhubani. -------------- Respondents/Appellants Versus Indra Kant Jha, son of Late Mahabir Jha, resident of Village-Narwar, P.S.-Bhairabsthan, District-Madhubani. -------------- Petitioner/Respondent With L.P.A. No. 185/2010 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Three Men Committee through its member, Additional Commissioner cum Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 6. The District Education Officer, East Champaran, Motihari. -------------- Respondents/Appellants Versus Uday Kumar Singh, Son of Sri Ram Babu Singh, R/o Mohalla-Gayatri Nagar, P.S.- Motihari, District-East Champaran. -------------- Petitioner/Respondent With L.P.A. No. 188/2010 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. -------------- Respondents/Appellants Versus Devendra Kumar Choudhary, son of Late Uma Kant Choudhary, P.O.-Kurso, Nadiyami, Resident of Village-Nadiyami, (Barki Gachhi), P.S.-Sakatpur, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 194/2010 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 6 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. -------------- Respondents/Appellants Versus Ajay Kumar Mishra, son of Late Mahakant Mishra, resident of Village-Simaun, Police Station-Raj Nagar, District-Madhubani. -------------- Petitioner/Respondent With L.P.A. No. 199/2010 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Madhubani. 5. The District Education Officer, Madhubani. -------------- Respondents/Appellants Versus Satya Narayan Yadav, Son of Sri Mauje Yadav, resident of Village and P.O.-Bathiya, P.S.- Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 213/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Madhubani. 7. The Headmaster, Project Girls High School Madhwapur, Madhubani. -------------- Respondents/Appellants Versus Kripanand Jha, son of Sri Biresh Jha, Resident of Village-Baghant, P.S.-Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 235/2010 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Vaishali. -------------- Respondents/Appellants Versus Shambhu Sah, son of Late Mozelal Sah, R/o Village-Belkunda Badanpur, P.O.-Birna, Kakhansen, P.S.-Mahua, District-Vaishali. -------------- Petitioner/Respondent With L.P.A. No. 241/2010 7 1. The State of Bihar. 2. The Secretary, Agriculture Department, Govt. of Bihar, Patna. 3. The Secretary Arts Sanskriti and Youth Department, Govt. of Bihar, Patna. 4. The Additional Commissioner-cum-Secretary Human Resources Development Department, Govt. of Bihar, Patna. 5. The Director, Secondary Education, Govt. of Bihar, Patna. 6. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 7. The District Education Officer, Muzaffarpur. 8. The Sub-divisional Education Officer, Muzaffarpur. 9. The Principal Kudhani Project Girls High School, Khudani, Muzaffarpur. -------------- Respondents/Appellants Versus Krishna Swaroop, Son of Shyama Pd. Sinha, resident of Mohalla-Maripur School Road, P.S.-Kaji Mohammadpur, District-Muzaffarpur. -------------- Petitioner/Respondent With L.P.A. No. 355/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna. 3. The Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Madhubani. 7. The Headmaster, Project Girls High School Benipatti, Madhubani. -------------- Respondents/Appellants Versus Tripti Narayan Lal, son of Late Bindeshwar Lal, Resident of Village-Ujan(Lalour), P.S.- Saketpur, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 362/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 5. The District Education Officer, Madhubani. 6. The Three Men Committee, through its Chairman-cum-Secretary, Art, Culture & Youth Department, Bihar, Patna. 7. The Headmaster, Project Girls High School Benipatti, Madhubani -------------- Respondents/Appellants Versus Krishna Kumar Jha, son of Sri Bala Nand Jha, resident of Village-Baghan, P.S.- Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 638/2010 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary, Department of Human Resources Development, Government of Bihar, Patna. 8 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 5. The District Education Officer, Darbhanga. -------------- Respondents/Appellants Versus Asha Devi, wife of Sri Prahlad Kumar Jha, Resident of Village-Nehra, P.S.-Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A No. 639/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Addl. Commissioner-cum-Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Darbhanga. 7. The Headmaster, Project Girls High School Dularpur, Darbhanga. -------------- Respondents/Appellants Versus Lila Kant Jha, Son of Late Damodar Jha, resident of Village and P.O. Baghant, P.S.- Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 633/2010 1. The State of Bihar. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Bihar, Patna. 3. The Secretary, Human Resources Development Department, Bihar, Patna. 4. The Director, Secondary Education, Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga. 6. The District Education Officer, Darbhanga. 7. The Headmaster, Project Girls High School Darhar, Darbhanga. -------------- Respondents/Appellants Versus Laxman Jha, Son of Shri Ram Chandra Jha, resident of village-Baghant, P.S.-Manigachhi, District-Darbhanga. -------------- Petitioner/Respondent With L.P.A. No. 1483/2009 1. The State of Bihar through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Three Men Committee through its Chairman-cum-Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna. 3. The Director, Secondary Education, Govt. of Bihar, Patna. 4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Education Officer, Muzaffarpur. -------------- Respondents/Appellants Versus 9 Nand Kishore Prasad Singh, Son of Narayan Pd. Singh, resident of Mohalla-Chandwar Soda Godown, P.S.-Muzaffarpur Town, District-Muzaffarpur. -------------- Petitioner/Respondent ----------- For the Appellants :- Mr. Ritesh Kumar AC to AAG1 For the Respondent :- Mr. Rajeev Kumar Singh, Adv. Mr. Sunil Kumar Singh, Adv. Mr. Pramod Kumar, Adv. Mr. Gyan Shankar, Adv. ------------ PRESENT- THE HON’BLE THE CHIEF JUSTICE THE HON’BLE MR. JUSTICE MIHIR KUMAR JHA O R D E R (6.4.2010) AS PER MIHIR KR.JHA,J. 1. Having heard learned counsel for the parties as also taking into consideration the facts and circumstances mentioned in the connected interlocutory applications, the delay in filing of these appeals are hereby condoned. 2. In the batch of these appeals, the appellants have assailed the order of the learned single Judge allowing the writ petition of the respondent writ petitioners by setting aside their order of termination with a direction to reinstate them in service with all consequential benefits. 3. At the out set it must be made clear that the batch of these appeals arise out of the different orders of the learned Single Judge dated 19.3.2009, 24.3.2009, 25.3.2009, 30.3.2009, 22.4.2009, 1.5.2009 and 12.5.2009. From the perusal of those orders it further becomes clear 10 that the order dated 30.3.2009 and 22.4.2009 were based on the earlier order dated 25.3.2009, whereas the order dated 1.5.2009 and 12.5.2009 were based on the order dated 24.3.2009. Thus in effect there are three orders passed by the learned Single Judge dated 19.3.2009, 24.3.2009 and 25.3.2009 which are required to be gone into in all these appeals. 4. A bare perusal of the order dated 19.3.2009 which are the subject matter of L.P.A.No. 1577/2009 (State of Bihar & ors. vs. Smt. Vidya Keshari) and L.P.A. No. 185/2010 (State of Bihar and ors. vs. Uday Kumar Singh) would go to show that the same related to the first phase of project schools of the year 1981-82. These two cases being of different in nature having its own striking feature when the power of appointment on non-teaching post in such Projects Schools was vested in the Managing Committee of the school or a District Education Officer, the learned Single Judge on the basis of the earlier judgments of the Division Bench has gone to hold that the respondent- writ petitioner Smt. Vidya Keshari and Uday Kumar Singh would be entitled for reinstatement with back wages. 11 5. Next comes the order dated 24.3.2009 which was passed in C.W.J.C. No. 11375/2008 and its four analogous cases, is the subject matter of L.P.A.No. 1492/2009, L.P.A.No. 164/2010, L.P.A.No. 213/2010 and L.P.A.No. 362/2010. It may not be out of place to mention that apart from these four appeals two writ petitions C.W.J.C. No. 3780/2009 and C.W.J.C. No. 5849/2009 giving rise to L.P.A.No. 1533/2009 and L.P.A.No. 809/2010 have been also disposed of by orders dated 1.5.2009 and 12.5.2009 in terms of the aforesaid order dated 24.3.2009 in C.W.J.C. No. 11375 of 2008 which is the subject matter of the aforesaid L.P.A.No. 1492/2009 and the aforesaid three appeals. All these relate to the second phase of the project schools of the year 1984-85. In such cases a finding recorded by the learned Single Judge is that some process of advertisement and selection was undergone though not the one prescribed in Circular of Personnel and Administrative Reforms dated 3.12.1980 and they have been directed to be reinstated with backwages by recording that there was substantial compliance of Article 14 of Constitution in their appointment. 12 6. Then comes the order dated 25.3.2009 passed in C.W.J.C.No. 11489/2008 and its analogous 22 cases. In these cases which are a mixed bag, relating to appointment of the project school of either second phase of 1984-85 or third phase of 1988-89, there is also dispute as with regard to sanctioned post, observance of the rules and circulars of the department in the process of appointment. L.P.A.No. 1503/2009, L.P.A.No. 1505/2009, L.P.A.No. 1521/2009, L.P.A.No. 1554/2009, L.P.A.No. 1556/2009, L.P.A.No. 1572/2009, L.P.A.No. 1585/2009, L.P.A.No. 1593/2009, L.P.A.No. 1601/2009, L.P.A.No. 165/2010, L.P.A.No. 173/2010, L.P.A.No. 182/2010, L.P.A.No. 188/2010, L.P.A.No. 194/2010, L.P.A.No. 199/2010, L.P.A.No. 235/2010, L.P.A.No. 241/2010, L.P.A.No. 355/2010, L.P.A.No. 638/2010, L.P.A.No. 639/2010, L.P.A.No. 633/2010 and L.P.A.No. 1483/2010 in fact arise out of such common order dated 25.3.2009, wherein though there is an order of reinstatement passed by the learned Single Judge but then it is only on the basis of a technical ground that the respondent- writ petitioners could not have been subjected to an enquiry and were not expected to produce the documents including 13 advertisement after 15 years to justify their appointment before the authorities in terms of the earlier orders of this Court. L.P.A.No. 800/2010 and L.P.A.No. 814/2010 though arise out of two separate orders dated 30.3.2009 in C.W.J.C. No. 3701/2009 and C.W.J.C. No. 4960/2009 and 22.4.2009 but are based on order dated 25.3.2009 in C.W.J.C.No. 13685/2008 and its analogous cases, wherein a liberty has been given to the State to verify as to whether their cases were also covered by the said order dated 25.3.2009 and if it is found so, the respondent- writ petitioners of L.P.A.No. 800/2010 and L.P.A.No. 814/2010 they too have been directed to be reinstated with consequential benefits. 7. Thus, it becomes clear that the batch of these appeals are not only uncommon on facts but also in their respective results in the impugned order passed by the learned Single Judge, who in all of his main three orders dated 19.3.2009, 24.3.2009 and 25.3.2009 has consciously gone into the requirement of three phases of the project schools as also the judgments which have been delivered by this Court with regard to them in respect of appointment of non-teaching post in three phases of the project schools. 14 8. Learned counsel for the appellants in all these appeals have submitted that the respondent writ petitioners were appointed on various Class-III and Class- IV posts in Project Schools without following the prescribed procedure and as such their order of termination passed by the Three Men Committee appointed under the order of this Court cannot be faulted with. Counsel has accordingly commended for acceptance of the Constitution Bench judgment of the Apex Court in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3) & Ors. reported in 2006(4)SCC 1. 9. Learned counsels for the respondent writ petitioners on the other hand, while supporting the order of the learned single Judge, have submitted that the appointment of the respondent petitioners was made in the Project School against sanctioned post by the competent authority of the Education Department and on the basis of such appointment, they had also continued for a period of over fifteen years before being subjected to termination on the ground that their appointments were made in contravention of the Circular governing the appointment of Class-III and Class-IV employees in the Project Schools. It 15 has also been canvassed that the judgment of the Apex Court in the case of Uma Devi (supra) has been applied by the Three Men Committee appointed by this Court in a mechanical manner without examining the individual cases of the respondent writ petitioners. 10. In the considered opinion of this Court, the order passed by the learned single Judge dated 24.3.2009 in C.W.J.C. No. 11375 of 2008 which was heard and disposed of along with C.W.J.C. No. 11758 of 2008, C.W.J.C. No. 11462 of 2008, C.W.J.C. No. 18859 of 2008 and C.W.J.C. No. 11481 of 2008 cannot be held to be bad only because the Three Men Committee had found that their appointments were made in violation of the Circular of the Personnel & Administrative Reforms Department bearing letter no. 16440 and 16441 dated 3.12.1980. 11. Learned counsel for the appellants in this regard could not successfully demonstrate before this Court even in one case that appointment at any point of time in Education Department on Class-III & Class-IV post was made by observing the Government Circular dated 3.12.1980. Once this aspect becomes clear that the Government Circular dated 3.12.1980 was never followed 16 in any point of time on Class-III & Class-IV post in Education Department, the same cannot be made the solitary ground for termination of the services of the respondent writ petitioners and other alike persons, who had continued in service for a period over fifteen years before being terminated for the first time in the year 2004. As a matter of fact, the two circulars of the even date 3.12.1980 were primarily meant for filling up the post of Class-III & Class-IV employees in the Collectorate and its Muffasil offices. The schools whether secondary, primary or even project schools of the State Government were never treated to be a part of the Muffasil offices of the Collectorate of the district and that is how at no point of time any of the authority of the Education Department had followed the procedure for appointment the two circulars dated 3.12.1980. In this regard, there is an impeachable evidence even in the case of appointment on Class-III & Class-IV post made in the project school that when the State Government in the year 1980-81 for the first time came out with a concept of the Project School, which had initially sought to regularize the appointment of the existing Class-III & Class-IV employees in such Project 17 Schools who were appointed by the Managing Committee as would be evidenced from the circular of the Education Commissioner dated 12.10.1982 wherein it was provided that:- “izR;sd fo|ky; esa ,d fyfid rFkk nks vkns'kiky gksxk rFkk mudh fu;qfDr foHkkxh; fu;e ,oa izfdz;k ds vuqlkj ftyk f'k{kk inkf/kdkjh }kjk fd;k tk,xkA tgkW visf{kr ;ksX;rk okys fyfid@vkns'kiky dh fu;qfDr fo|ky; dh izca/k lfefr }kjk dh x;h gks] mldk vuqeksnu 1&1&82 vFkok muds ;ksxnku djus dh frfFk] tks ckn esa gks] ftyk f'k{kk inkf/kdkjh }kjk dh tk,xhA” 12. It is thus clear that when the State Government by letter no. 705 dated 12.10.1982 had issued its policy decision with regard to the establishment of four high schools including a girl high school in every block which came to be known as Project Schools, there was no concept of following the circular of the Personnel & Administrative Reforms Department dated 3.12.1980. It is true that in the clarificatory letter issued by the Director of the