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Patna High CourtCWJC/4409/2024disposed

Anusuchit Jaati (Mahadalit) Vikash Madhya Vidyalaya v. The State Of Bihar

2026-02-18Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4409 of 2024 ====================================================== Anusuchit Jaati (Mahadalit) Vikash Madhya Vidyalaya Kachara, Gaya through its Head Master Suresh Prasad, about- 67 years, Gender, Male, Son of Late Hardish Mahto, Resident of Village- Pasiya, P.S.- Atari, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Secretary, Scheduled Castes and Scheduled Tribes, Welfare Department, Government of Bihar, Patna.

3.

The Director (Primary Education), Education Department, Government of Bihar, Patna.

4.

The Director, Bihar Mahadalit Vikash Mission, 5th Floor, Urban Development Bank, Buddha Marg, Patna.

5.

The District Officer and Collector, Gaya.

6.

The District Education Officer, Gaya.

7.

The District Welfare Officer, Gaya.

8.

The District Programme Officer, Prathmik Shiksha Awam Sarva Shiksha Abhiyan, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar, Advocate Ms. Pratima Kumari, Advocate For the Respondent/s :

Mr. Ramadhar Singh, Government Pleader (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

2. With consent of the parties, the present writ application is being disposed of at this stage itself.

3. The petitioner in the present writ application has prayed for grant of following relief :- "1. (A.) For issuance a writ in the nature of mandamus commanding the respondents concerned to recognize and take over the Anusuchit Jaati (Mahadalit) Vikash Madhya Vidyalaya, Kachara, P.S. Atari, DistrictGaya under scheme of the Right of Children to Free and

Patna High Court CWJC No.4409 of 2024(3) dt.18-02-2026 2/3 Compulsory Education Act,2010.

(B) For further directing the respondent concerned to continue payment of Grant-in-Aid to the school for survival of the school.

(C) For grant of any other relief/s which Your Lordships deem fit and proper in the facts and circumstances of the instant Case.

4. After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner has already filed a representation dated 18.06.2019 (Annexure-P/3) before the District Programme Officer, Prathamik Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8) but till date the same has not been disposed of by the District Programme Officer, Prathamik Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8). He accordingly prays that the petitioner would be satisfied if an appropriate direction could be issued by this Court for disposing of the pending representation of the petitioner after giving an opportunity of hearing to the petitioner, within a fixed time frame.

5. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application stands disposed of directing the District Programme Officer, Prathamik

Patna High Court CWJC No.4409 of 2024(3) dt.18-02-2026 3/3 Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8) to dispose of the pending representation of the petitioner dated 18.06.2019 (Annexure-P/3) within a period of four months from the date of receipt / production of a copy of this order after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the District Programme Officer, Prathamik Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8) should be reasoned and speaking order.

8. It is further made clear that in case the petitioner is found entitled to the relief which the petitioner has claimed in his pending representation dated 18.06.2019, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order by the respondent No.8.

9. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

10. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U