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Patna High CourtCWJC/9871/2015disposed

Gupteshwar Mishra v. The State Of Bihar And ORS

2016-04-01Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9871 of 2015 ======================================================

1. Gupteshwar Mishra S/o Late Bahadur Mishra, Resident of VillageBhada, P.S. + Anchal- Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Primary and Secondary Education, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Primary and Secondary Education Govt. of Bihar, Patna.

3. The Commissioner, Patna Division, Patna.

4. The District Education Officer, Buxar.

5. The Disrict Magistrate, Buxar.

6. The Block Education Officer, Brahmpur Block, District- Buxar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 01-04-2016 Heard Mr. Dinesh Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Ashok Kumar Keshri, learned Additional Advocate General No.11, appearing on behalf of the State-respondents.

With the help of this writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioner has sought for a direction to the respondents to upgrade Bhada Middle School to a High School. It transpires from the counter affidavit filed by respondent No.4, namely, District Education Officer, Buxar, that

Patna High Court CWJC No.9871 of 2015 (2) dt.01-04-2016 2/2 a three-men committee was constituted by the Government of Bihar as regards up-gradation of different Middle Schools of Bihar. The said committee does not support the contention that the school, in question, needs to be upgraded inasmuch as the school does not have requisite land available for its upgradation. In view of the above, we close this writ petition with liberty to the petitioner to approach this Court, in future, if the land becomes available for upgrading the Middle School to a High School.

(I.A. Ansari, ACJ) (Anjana Mishra, J) Mkr./- U