IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8930 of 2009 1. Prabhakar Jha, son of Sri Rohini Raman Jha, resident of Village Avam, P.O. Rataul, Dist. Darbhanga at present working as Science Teacher in Dhanwati Sanskrit Middle School, Avam, Dist. Darbhanga. 2. Mithilesh Kumar Jha, son of Sri Radhe Shyam Jh, resident of Village Gangoli, Kanakpur, P.O. Lohha Road, Dist. Darbhanga at present posted as Science Teacher in Durga Sanskrit Middle School, Kanakpur, Dist. Darbhanga. 3. Vijay Kumar Mishra, son of Sri Ganga Prasad Mishra, resident of Village Sajhuar, P.S. Bahera, Dist. Darbhanga at present working as Science Teacher in Durga Bhawan Sanskrit Prathmik- Sah-Madhya Vidyalaya, Bahera, Dist. Darbhanga. 4. Surya Bhushan Thakur, son of Sri Chandra Bhushan Thakur, resident of Village Deoram, P.S. Bahera, Dist. Darbhanga, at present working as Science Teacher in Kalika Sanskrit Prathmik Sah Madhya Vidyalaya, Deoram, P.S. Bahera, Dist. Darbhanga. -------- Petitioners Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Special Director-cum-Deputy Director (Sanskrit) Human Resources Development Department, Govt. of Bihar, Patna. 4. The Bihar Sanskrit Shiksha Board, through it’s Chairman, East Boring Canal Road, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. 6. The Government of India, Human Resources Development Secretariat, Higher Education Department (Sanskrit II Section) through under Secretary, Shashtri Bhawan, New Delhi. 7. Deputy Director (Scheme), Rashtriya Sanskrit Sansthan, 56-57, Institutional Area, Janakpuri, New Delhi. -------- Respondents With Civil Writ Jurisdiction Case No.8571 of 2009 1. Shrawan Kumar Mishra, son of Sri Sudhir Nath Mishra, resident of Village & Post Pategna, P.S. Tarabari, Dist. Araria. At present working as Science Teacher in Mahamaya Sanskrit Prathmik Sah Madhya Vidyalaya, Pategana, Dist. Araria. 2. Raghav Prakash, son of Pandit Sri Kashi Kant Mishra, resident of Village & Post Ramai, P.S. Farbishganj, Dist. Araria. At present working as Science Teacher in Ambika Sanskrit Prathamik Sah Madhya Vidyalaya, Ramai, Dist. Araria. 3. Charndra Mohan Jha, son of Sri Balkrishna Jha, resident of Village Dabhara, P.S. Tarabari, Dist. Araria. At present workign as Science Teacher in Braj Mohan Sanskrit Prathmik Sah Madhyamik Vidyalaya, Debhara, P.S. Tarabari, Dist. Araria. 4. Madhav Mishra, son of Sri Ganesh Mishra, resident of Village Dhargari, P.O. and P.S. Bardaha, Dist. Araria. At present working as Science Teacher in Ramanand Kesho Prasad Prathamik Sah Madhya Sanskrit Vidyalaya, Dhargari, Dist. 2 Araria. 5. Arun Kumar Jha, son of Sri Uccha Nand Jha, resident of Village Jamuna, P.O.&P.S. Tarabari, Dist. Araria. At present working as Science Teacher in Maheshwari Sanskrit Uccha Vidyalaya, Madnapur, Dist. Araria. 6. Ashok Kumar Mandal, son of Ramanand Mandal, resident of Village & Post Batraha, P.S. Kursakata, Dist. Araria. At present working as Science Teacher in Saraswati Ganesh Prathamik Sah Madhya Vidyalaya, Pagdera, P.O. Mehdipur, P.S. Kurakante, Dist. Araria. 7. Kumod Kumar Jha, son of Sri Gangadhar Jha, resident of Village Palashi, P.O. Pategana, P.s. Tarabari, Dist. Araria. At present working as Science Teacher in Kapileshwar Sanskrit Prathamik Sah Madhya Vidyalaya, Jai Nagar, Dist. Araria. 8. Sushil Kumar Jha, son of Basukinath Sharma, Resident of Village and Post Madanpur, P.S. Madanpur, Dist. Araria. At present working as Science Teacher in Gyanmani Sanskrit Prathamik Sah Madhya Vidyalaya, Madanpur, Dist. Araria. 9. Chinta Lal Mandal, son of Lalji Mandal, resident of Village Kankhuria, P.O.&P.S. Dhapan, Dist. Araria. At present working as Science Teacher in Tasobar Prathamik Sah Madhya Vidyalaya, Dhapuri, Dist. Araria. 10. Shiv Nath Singh, son of Hari Prasad Singh, resident of Village Bhategana, P.O. Urlaha, P.S. Palashi, Dist. Araria. At present working as Science Teacher in Kalika Bhawan Prathamik Sah Madhya Sanskrit Vidyalaya, Barabatta, Dist. Araria. 11. Ranjan Kumar Choudhary, son of Brahmanand Choudhary, Resident of Village Bhatwar, P.O. & P.S. Palashi, Dist. Araria. At present working as Science Teacher in Bhawani Sanskrit Prathamik Sah Madhya Vidyalaya, Barabatta, P.O. Urlaha, P.s. Palashi, Dist. Araria. 12. Maya Nand Mandal, son of Siya Lal Mandal, resident of Village Urlaha, P.O. Urlaha, P.s. Palashi, Dist. Araria. At present working as Science Teacher in Prathmik Sah Madhya Sanskrit Vidyalaya, Urlaha, Dist. Araria. 13. Padmanand Choudhary, son of Late Tirthanand Choudhary, resident of Village Bhatwar, P.S. Palashi, Dist. Araria. At present working as Science Teacher in Chandranand Sanskrit Prathamik Sah Uccha Vidyalaya Bhatwar, P.S. Palashi, Dist. Araria. --------- Petitioners Versus 1. The State of Bihar. 2. The Commissioner cum Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Special Director/Deputy Director (Incharge Sanskrit Education), New Secretariat, Patna. 4. The Bihar Sanskrit Shiksha Board through its Chairman East Boring Canal Road, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. 6. The Government of India, Ministry of Human Resources Development Department (Department of Education) through the Assistant Educational Advisor, Sanskrit, New Delhi. --------- Respondents 3 With Civil Writ Jurisdiction Case No.16435 of 2009 Upendra Kumar Pandey S/O Late Prabhu Nath Pandey Vill- Gaura Pandey, P.O. Ropan Champra, Distt. Dewariya (U.P.) At Present Working As Science Teacher In Shri Radha Raman, Sanskrit High School, Koyala Deva Math, Distt. Gopalganj. --------- Petitioner Versus 1. The State Of Bihar, Through Principal Secretary Human Resources Development Deptt., Bihar, Patna. 2. The Principal Secretary, Human Resources Development Deptt., Govt. Of Bihar, Patna. 3. The Special Director-Cum-Deputy Director (Sanskrit), Human Resources Development Deptt., Govt. Of Bihar, Patna. 4. The Bihar Sanskrit Shiksha Board East Boring Canal Road, Patna. 5. The Secretary, Bihar Sanskrit Siksha Board, East Boring Canal Road, Patna. 6. The Govt. Of India, Human Resources Development Secretariat, Higher Education Deptt. (Sanskrit II Section) Through Under Secretary, Shashtri Bhawan, New Delhi. 7. Deputy Director (Scheme) Rashtriya Sanskrit Sansthan, 56-57 Industrial Area Jakkanpur, New Delhi. ------- Respondents With Civil Writ Jurisdiction Case No.1344 of 2010 Sanjay Kumar Mishra S/O Sri Umesh Mishra R/O Vill- Patsa, Post- Patsa Via Kundal Distt- Samastipur, At Present Working As Science Teacher In Akshaywat Sanskrit Prathmik-Sahmadhyamik Vidyalaya, Nawkothi, Distt- Begusarai ---------- Petitioner Versus 1. The State of Bihar Through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Govt. Of Bihar, Patna. 3. The Special Director-Cum-Deputy Director (Sanskrit), Human Resources Development Department, Govt. of Bihar, Patna. 4. The Bihar Sanskrit Shiksha Board, Through Its Chairman, East Boring Canal Road, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Road, Patna. 6. Government Of India, Human Resources Development Secretariat Higher Education Department, (Sanskrit 11 Section), Through Under Secretary, Shashtri Bhawan, New Delhi. 7. Deputy Director (Scheme) Rashtriya Sanskrit Sansthan, 56-57 Institutional Area Janakpur, New Delhi. -------- Respondents With 4 Civil Writ Jurisdiction Case No.10018 of 2009 1. Akhilesh Kumar Singh, son of Sri Awadhesh Prasad Singh, resident of Kumarganj Bazar, P.O. Tharbitta, P.S. and Dist. Supaul, at present working as Science Teacher in Motilal Sanskrit Prathmik Sah Madhya Vidyalaya, Singiawan, Dist. Supaul. 2. Anil Kumar, son of Sri Deo Narayan Yadav, resident of Village Daparkha (P.O.), P.S. Triveniganj, Dist. Supaul, at present working as Science Teacher in Raghunandan Das Sanskrit Prathmik Sah Madhya Vidyalaya, Ratauli, Dist. Supaul. 3. Ram Nandan Mandal, son of late Jagat Mandal, resident of Village Kamalpur, P.O. Chitti, P.S. Dhailadh, Dist. Madhepura, at present working as Science Teacher in Motilal Sanskrit Prathmik Sah Madhya Vidyalaya, Baratol, P.O. Pathra, Dist. Supaul. 4. Umesh Sah, son of Ram Tahal Sah, Resident of Village and P.O. Basaha, P.S. Dipara, Dist. Supaul, at present working as Science Teacher in Kalicharan Sanskrit Prathmik Sah Madhya Vidyalaya, Thumha, Dist. Supaul. 5. Vinay Kumar, son of Sri Bishwamohan Bhuskuliya, resident of Village Dhaniya, P.O. Bhawanipur, P.S. Pratapganj, Dist. Supaul, at present working as Science Teacher in Kanik Prathmisah-Madhya Vidyalaya, Pratapganj, Dist. Supaul. -------- Petitioners Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Special Director (Sanskrit), Human Resources Development Department, Government of Bihar, Patna. 4. The Bihar Sanskrit Shiksha Board through its Chairman, East Boring Canal Road, Patna. 5. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Canal Road, Patna. 6. The Government of India, Human Resources Development Department Secretariat (Sanskrit II Section) through Secretary, Shastri Bhawan, New Delhi. 7. Deputy Director (Scheme) Rastriya Sanskrit Sansthan, 56-57 Institutional Area, Janakpuri, New Delhi. --------- Respondents With Civil Writ Jurisdiction Case No.11614 of 2009 1. Bipin Prasad Singh, son of Sri Yogendra Prasad Singh, resident of Village & Post Patelia, Via Narhan, P.S. Bibhutipur, Dist. Samastipur. At present working as Science Teacher in Bisheshwari Tulsi Sanskrit High School, Ramgarh, Post Narhan, Dist. Samastipur. 2. Ganesh Jha, son of Sri Siya Ram Jha, resident of Village Bangrahta, P.O.&P.S. Sighia, Dist. Samastipur. At present working as Science Teacher in Kedar Sanskrit High School, Sumha Deorhi, Dist. Samastipur. ----- Petitioners Versus 1. The State of Bihar. 5 2. The Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Special Director/Deputy Director (Incharge Sanskrit Education), New Secretariat, Patna. 4. The Bihar Sanskrit Shiksha Board, through its Chairman East Boring Canal Road, Patna. 5. The Government of India, Ministry of Human Resources Development Department (Department of Education) through the Assistant Educational Advisory, Sanskrit, New Delhi. --------- Respondents With Civil Writ Jurisdiction Case No.12446 of 2009 Manoj Kumar, son of Sri Nageshwar Singh, resident of Village Sethana, P.S. Halsi, Dist. Lakhisarai. ----- Petitioner Versus 1. The Union of India through it’s Secretary, Human Resources Department, New Delhi. 2. The Secretary, Human Resources Development Ministry, Secondary Higher Education Department, Govt. of India, New Delhi. 3. The State of Bihar through its Secretary, Govt. of Bihar, Patna. 4. The Secretary, Secondary Primary and Adult Education Department, Govt. of Bihar, Patna. 5. The Secretary, Sanskrit Shiksha Board, Patna. 6. The District Education Officer, Sheikhpura, P.S. and Dist. Sheikhpura. ---------- Respondents ------- For the Petitioner : Mr. Durga Nand Jha, Advocate : Mr. Purushottam Jha, Advocate For the State of Bihar : G.A.-2, G.A.-5, G.P.-2, G.P.-5, G.P.-8 : S.C.-1, S.C.-13 For the Union of India : Mr. S.N.Pathak, Advocate For Bihar Sanskrit Shiksha Board : Mr. A.P. Sinha, Advocate For Rastriya Sanskrit Sansthan : Mr. Rabindra Kumar Priyadarshi,Adv. ---------- PRESENT HON'BLE MR. JUSTICE MIHIR KUMAR JHA ORDER (08.12.2011) Mihir Kumar Jha, J. Heard Mr. Durga Nand Jha and Mr. Purushottam Jha, learned counsel for the petitioners, Mr. Rabindra Kumar Priadarshi, learned counsel for the Rastriya Sanskrit Sansthan as well as for the Union 6 of India as also counsel for the State in all these batch cases. In all these writ applications, the petitioners have made prayer for issuing the direction to the respondents for releasing grant for the purposes of payment of their salary and emoluments for the period 1.4.2000 onwards and till date. Shorn of all niceties the petitioners claim to be working as teachers in recognized Non- Government Sanskrit schools who came to be appointed in view of the policy of the Govt. of India to implement modernization scheme of teaching. It is the case of the petitioners that after the Govt. of India had formulated such scheme the Govt. of Bihar had issued an advertisement inviting application from the recognized Non-governmental Sanskrit schools for release of fund to them for augmenting the teaching in the subject of Science, Mathematics, Hindi and English and the petitioners came to be appointed by those Non-Governmental recognized Sanskrit schools in the wake of the aforementioned policy decision of the Govt. of India. The petitioners have also claimed that after their appointments were made by their respective schools, the Government had specifically approved their services by an order contained in letter No. 316 7 dated 19.6.2002 and had also prescribed the pay scale of such approved teachers of Rs. 1400-2300 in the Middle Schools and Rs. 1500-2750 in the Secondary Schools by limiting it to a maximum of Rs.2394/- and Rs.2565/- respectively, wherein only component taken into account apart from the basis pay was 75% of the D.A. The petitioners have also claimed that after approval of their service they were paid the salary upto 31.3.2000 but thereafter the payment of salary was not made and in course of their enquiry they could come to know that the Govt. of India had refused to release grant to the Govt. of Bihar on account of non-submission of the utilization certificate for earlier grant released by the Govt. of India to the Govt. of Bihar for making payment of salary in the modernization Scheme of the recognized Non-Governmental Sanskrit schools. Mr. Durga Nand Jha and Mr. Purushottam Jha, who have appeared in these cases for the petitioners, have submitted that the petitioners in view of prescribed pay scale given by the Govt. of Bihar in the order of their approval of service would be entitled for payment of salary alike any other teacher of a Non-Governmental recognized Sanskrit school. They have also fairly accepted the position that after the year 2006 they would be 8 entitled only for a fixed amount of Rs. 6,000/-, inasmuch as the scheme of the Govt. of India has been transferred to Rashtriya Sanskrit Sansthan (hereinafter referred to as ‘the Sansthan’)a deemed University wholly managed and control by the Govt. of India. In these cases though the Govt. of India has been made party but it has not filed any counter affidavit. The Sansthan, which has filed a counter affidavit, has totally disowned its liability for the period upto 2006 and has taken a plea that it could have released payment of salary of the petitioners under modernization Scheme of teaching in recognized Non-Governmental Sanskrit school if their schools had filed their application for release of such grant in terms of the Rules and Regulations of the Sansthan. A further plea has been taken that the Sansthan cannot make payment of arrears of salary even for the period 1.1.2007 onwards and it can only now pay such amount for the current year and that too if the school would fulfil the prescribed norms laid down by the Sansthan in its Rules and Regulations. The State of Bihar has filed counter affidavit wherein the only reason for non-payment of salary of the petitioners is said to be dispute with regard to submission of utilization certificate by 9 the State Government to the Govt. of India. It has also been stated that the Govt. of India has also informed the State Govt. of Bihar that from 2007 the Scheme has been transferred to Sansthan and therefore, the request for release of fund for the period 2007 onwards be made to the Sansthan. The Bihar Sanskrit Shiksha Board by filing its separate counter affidavit has taken a stand that it has got nothing to do with the payment of salary of the petitioners, inasmuch as the Board can make payment of salary only when the funds for its payment can be made available by the Govt. of Bihar. In this context it has also been explained that in the case of the petitioners the decision of the Government while approving the services of the petitioners and others, in all 86 Science Teachers, was that such payment of salary shall be made through the District Education Officer of the State Government and as such, Sanskrit Shiksha Board has got no role to play. In the considered opinion of this Court it is only prevailing red-tapism in the offices of the Govt. of India and the Govt. of Bihar which has been primarily responsible for creating a problem of the present nature. It is not in doubt that the Govt. of India had sanctioned specific scheme through the State Govt. of Bihar for modernizing teaching in 10 Non-Government Sanskrit schools and had also sanctioned an amount of Rs. 86,49,972/- for making payment of salary of 291 Science Teachers. The State Government on this representation made by the Govt. of India had issued an advertisement in the newspaper authorizing Non-Governmental Sanskrit schools to start teaching of the Science subject by way of modernization Scheme and when the schools had made such appointment, the Government on verification of such process of appointment and qualification of concerned teachers had approved appointment of 86 teachers including those of the petitioners by the department’s letter no. 316 dated 19.6.2002. The payment of salary to these 86 Science Teachers including the petitioners were also made and the fund of Rs. 25,26,012/- was utilized for payment of salary of the petitioners for the financial year 1999-2000. Thus, the Govt. of India having not made out any case before this Court of closure of the Scheme cannot stop release of grant for payment of salary of those 86 teachers including the petitioners. As a matter of fact from the Govt. of Bihar letter dated 29.11.2006 and 20.8.2008 it would be clear that there is no other dispute save and except that the Govt. of India for want of utilization certificate submitted by the Govt. of Bihar had not released fund after initial release of 11 Rs. 86,40,972/-. The two letters dated 29.11.2006 and 20.8.2008 of the Govt. of Bihar in fact would themselves reveal that such utilization certificates were submitted to the Govt. of India belatedly on account of seizure of the Bank account of Bihar Sanskrit Shiksha Board which have been sent the amount for disbursement of salary to the petitioners and other teachers, in all 86, whose services were approved by the State Government. In such circumstances, the Govt. of India is bound to release requisite fund for payment of salary of 86 teachers at the rate of Rs. 25,26,012/- which was the amount utilized in the first year by the Govt. of Bihar for payment of salary to the petitioners and others. In this regard it is made clear that the Govt. of India had never sanctioned any particular pay scale for payment of salary to the petitioners and others and the Govt. of Bihar also had almost fixed the salary of the petitioners by limiting it to the basic pay plus 71% D.A. as noted above. In view of the fact that there was no scheme of regular pay scale, and that now the Sansthan also has fixed the amount of Rs. 6,000/- for payment of such salary, the petitioners will be only entitled for payment of salary at the rate in which their such salary was paid in the first year. The State of 12 Bihar, therefore, is directed to send a revised demand by way of requisition for payment of salary of only 86 teachers including the petitioners whose services were approved by the Govt. of Bihar in its letter dated 19.6.2002. Once such a realistic demand is made by the Govt. of Bihar, it will be the duty of the Govt. of India in the concerned Ministry of Human Resources Development Department to release total amount for the financial year 2000-2001 to 2006-2007 which has been quantified at Rs. 2,82,28,608/- as specifically detailed in Govt. of Bihar letter dated 20.8.2008 (Annexure ‘B’ to the counter affidavit). Such release of fund must be made by the Govt. of India on or before 28th February, 2012 so that its actual payment is also made to the petitioners through respective District Education Officer of the State Govt. of Bihar on or before 31st March, 2012. As with regard to payment of salary/ emoluments of the petitioners for the period 1.4.2007 onwards there is no dispute that the said scheme of modernization of teaching in Non- Governmental Sanskrit Schools have been transferred to Rashtriya Sanskrit Sansthan as would be also borne out from the letter of the Sansthan dated 30.1.2009. In fact the Sansthan in its counter affidavit have only explained that the payment of 13 salary from 2007-2008 by way of grant will be considered under the Scheme of Development of Sanskrit Education, 2007 conducted by Rashtriya Sanskrit Sansthan, a deemed University. The counter affidavit of the Sansthan only has relied on para 2.1.1(b) of the Rules and Regulations which reads as follows: “2.1.1(b) Financial Assistance for Teachers for Modern Subjects in Traditional Sanskrit Pathasalas/ Mahavidyalayas. The objective of this is to make the traditional study of Sanskrit more purposeful from the point of view of acceptability and employability of the students passing out of Pathashalas and to bring about fusion between the traditional and modern systems of Sanskrit education. Also this will encourage the students to pursue a course of study in traditional Sanskrit Pathashalas with traditional facilities to learn modern subjects in Pathashalas. The Financial Assistance under this scheme will be restricted to Traditional Sanskrit Pathashala/Mahavidyalay imparting Sanskrit teaching on traditional lines only. The Sansthan will provide Financial Assistance for appointment of a maximum of three teachers in modern subjects at a rate to be decided by GIAC from time to time. The teacher should be fulfilling eligibility criteria prescribed by the respective State Government for appointment in school in that State at corresponding level. Proposal under this scheme will be received by the Rashtriya Sanskrit Sansthan in the prescribed form from the registered/affiliated Pathshala/Sanskrit Mahavidyalayas through the State Governments. The institutions having less than three years after registration and having an experience in the field of Development of 14 Sanskrit of less than 3 years are not eligible to apply for financial assistance. The Proposals received with the recommendation of the State Government would be scrutinized and considered by a committee constituted by the Sansthan and then placed before the GIAC and according to the recommendations made by the Committee; funds would be sanctioned by the Sansthan to the Institutions. In addition, financial assistance for honorarium for a part time computer teacher @ Rs. 6000/- per month may also be provided to traditional Sanskrit Pathshalas. Depending upon the actual requirement, a one time financial assistance up to Rs. 1.00 Lakh towards the cost of two computers and peripherals, installation and purchase of books may be provided to the Sanskrit Pathshalas. The prescribed application form is given at Annexure-II. (See page no.23)” The prescribed proforma of the aforesaid Annexure-II of Rule 2.1.1(b) enclosed with the counter affidavit of the Sansthan would go to show that certain information with details and documents have to be provided by the institution and other officials of the State Government. In that view of the matter, this Court would direct the schools of the petitioners and others, in all 86 Science Teachers, covered by the Government letter No. 316 dated 19.6.2002 that the prescribed proforma in Annexure II of the Rules and Regulations of the Sansthan must be submitted by them through respective District Education Officers of their 15 District who in turn will send it to the Special Director of Sanskrit Education in the Govt. of Bihar within a period of one month from the date of receipt/ production of a copy of this order. The authorized officials of the Govt. of Bihar will thereafter send it to the Sansthan with his recommendation as required in the prescribed proforma in Annexure II whereafter the Sansthan must take a decision for release of payment of salary of the petitioners from 1.4.2007 onwards. This exercise must be completed by the Sansthan before 31st March, 2012 in order to avoid the issue of lapse of fund or grant of the Govt. of India on the head of modernized teaching in recognized Non-Governmental Sanskrit Schools. Before parting with it is made clear that as the scheme has already been transferred by the Govt. of India to the Sansthan and the Sansthan has fixed its own norms, the Govt. of Bihar will not give any further approval of any Science teacher under modernization Scheme so as to make either the Govt. of India or the Sansthan liable for payment of salary beyond the post of 8 Science teachers. It, however, will be open for the respective other non- Governmental Recognized Sanskrit Schools to approach the Sansthan and satisfy its terms and conditions but till it is done so this order would cover only 16 the cases of 86 Science Teachers including the petitioners whose services were approved by the Govt. of