Kamlesh Prasad Yadaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5646 of 2026 ====================================================== 1.

Kamlesh Prasad Yadaw Son of Ramdhari Yadav, Resident of Chainpur Patilar, P.S- Chautarwa, District- West Champaran. 2.

Opalak Tiwari, Son of Ghanshyam Tiwari, Resident of Shashtrinagar, Ward No. 13, P.S- Bagaha, District- West Champaran. 3.

Arvind Kumar, Son of Ramji Prasad, Resident of Village- Dumra, P.S.- Lauriya, District- West Champaran.

4.

Sunil Kumar Soni, Son of Shankar Sah, Resident of Shashtrinagar, Ward No. 13, P.S. Bagaha, District- West Champaran.

5.

Hardwar Ram, Son of Utim Ram, Resident of Village- Charghariya, Ward No.8, Valmikinagar, Bhaisalotan, P.S. Valmikinagar, District- West Champaran.

6.

Raghunath Prasad Gupta, Son of Late Saral Sah, Resident of VillageMatiariya, P.O. Harnatand, P.S. Naurangiya, District- West Champaran at present resident of Malkauli Ward No.1, P.S. Pathkhauli, District- West Champaran (Bihar).

7.

Vishnu Kumar Jaiswal, Son of Lakshmisah, Resident of Harnatand, Ward No. 06, P.S- Harnatand, District- West Champaran. 8.

Bhola Kumar Jaiswal, Son of Laxmi Sah, Resident of Village- Harnatand, P.S- Harnatand, District- West Champaran.

9.

Jaishankar Prasad Singh, Son of Shree Ramchandra Prasad Singh Resident of 145 E, Patel Colony, Sandalpur Road, P.O.- Mahendru, P.S.- Mahendru, District- Patna.

10.

Manoranjan Kumar Tiwari, Son of Sidhinath Tiwari Resident of Hariwatika Pokhra, P.S.- Bettiah, District- West Champaran, Pin- 845438. 11.

Ritesh Kumar, Son of Nathuni Thakurai Resident of VillageBisambharapur, P.S.- Bhairoganj, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Government of Bihar, Patna. 3.

The Deputy Development Commissioner, West Champaran. 4.

The District Education Officer, West Champaran. 5.

Lakshmi Kant Kazi, the Principal-in-Charge, Rajkiya Yugal Sah Janjati plus 2 School Harnatand, Bagaha-2, District- West Champaran. 6.

Smt. Sumitra Devi, the Secretary, School Managing Committee, Rajkiya Yugal Sah Janjati plus 2 School Harnatand, Bagaha-2, District- West Champaran (Bihar).

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma

Patna High Court CWJC No.5646 of 2026(2) dt.28-04-2026 2/3 For the Respondent/s :

Mr.Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State.

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

3. From the submissions made by learned counsel for the petitioners, it appears that the petitioners want the respondents to declare Rajkiya Yugal Sah Janjati Balika Uchch Vidhalay Harnatand, West Champaran as +2 Government School and to absorb the services of the petitioners as government Teachers in Science, Arts and Commerce Class + 2 stream in light of letter no. 218 dated 19.10.2016(Annexure-2).

4. After advancing some argument, learned counsel for the petitioners submits that for seeking the above relief, the petitioners are prepared to file fresh representations before the Director, Secondary Education, Government of Bihar, Patna (respondent no. 2) and prays that an appropriate direction be issued to the Director, Secondary Education, Government of Bihar, Patna (respondent no. 2) to dispose of the representations of the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.

5. To the aforesaid submission being made by learned counsel for the petitioners, learned counsel appearing for the

Patna High Court CWJC No.5646 of 2026(2) dt.28-04-2026 3/3 respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a fresh representation before the Director, Secondary Education, Government of Bihar, Patna (respondent no. 2) within one month from the date of this order and if seperate representations are filed by the petitioners within the stipulated time, the same shall be disposed of within a period of six months from the date of receipt of the representations, after giving an opportunity of hearing to the petitioners.

7. Needless to emphasize that the final order which shall be passed on the representations by the Director, Secondary Education, Government of Bihar, Patna (respondent no. 2) should be a reasoned and speaking order.

8. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U