Laladeo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4067 of 2020 ====================================================== Laladeo Chaudhary S/o Shiv Nandan Chaudahry R/o Village-Vishunpurava Sarsar, P.S.-Siwan Muffasil, District Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Additional Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Secondary Education, Department of Education Government of Bihar, Patna.

4.

The Deputy Director, Secopndary Education, Department of Education. Government of Bihar, Patna.

5.

The Collector, Siwan 6.

The District Programme Officer, Siwan.

7.

The District Education Officer, Siwan.

8.

The Block Education Officer, Siwan.

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Respondent/s :

Mr.Madhaw Pd. Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The present writ petition has been filed seeking the following reliefs:- "That this writ application is being filed for issuance of Writ of Mandamus commanding the respondent authorities to consider applicability of the parameters for upgradation of middle school, as decided under resolution no. 1 & 2 dated

Patna High Court CWJC No.4067 of 2020(2) dt.28-02-2020 2/3 23.11.2019, and apply the same in impartial manner so as to make available secondary education to children in best possible manner and so as to reach the same to the maximum possible area and to give effect the object behind the scheme and not to frustrate it for mere local interest and, for issuance of appropriate writ or order or direction to keep in abeyance the undated proposal by District Education Officer, Siwan/District Programme Officer, Siwan, to upgrade the Majhwan Upgraded Middle School, to High School, but this school lacked in required parameters like available land and building, and in its place, Bishunpurwa Upgraded Middle School is fulfilling all the required parameters and has more than required land and building and situates in the middle of Panchayat and ought to have been considered for upgradation to High School."

The learned counsel for the petitioner has submitted that the Additional Chief Secretary, Department of Education vide resolution dated 23.11.2019 has prescribed the parameters for upgradation of the Middle School to High School, hence the petitioner would be making representation before the Collector, Saran for upgradation of Bishunpurwa Upgraded Middle School to High School and he be directed to take a decision as per the aforesaid resolution dated 23.11.2019. Having regard to the short prayer made by the

Patna High Court CWJC No.4067 of 2020(2) dt.28-02-2020 3/3 learned counsel for the petitioner, I deem it fit and proper to grant liberty to the petitioner to approach the Collector, Saran for redressal of his aforesaid grievances and in case appropriate representation is filed, annexing a copy of the aforesaid resolution dated 23.11.2019, the representation of the petitioner shall be considered, in accordance with law, and disposed off by a reasoned and speaking order within a period of eight weeks thereafter by the learned Collector, Saran.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U