Md. Sharif Alam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9267 of 2017 ====================================================== 1.

Md. Sharif Alam and Anr Son of Md. Aslam, Resident of Village- Sadipur, P.O.- Chakand, P.S. Chandauti, District- Gaya. 2.

Md. Firoz Alam, Son of Abdul Aziz, Resident of Village P.O.- Kesru, P.S. Chandauti, District- Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education Govt. of Bihar, Patna. 4.

The Regional Deputy Director of Education, Magadh Division, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh For the Respondent/s :

Mr.Madanjeet Kumar- Gp20 For MDM :

Mr. Girijesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid Day Meal Scheme submit that the petitioners are Incharge Headmasters of Primary Schools, Nasirpur and Katahari at Gaya and have challenged the letters No. 623 dated 22.10.2016 issued by Respondent No.7,/The District Programme Officer, Mid Day Meal Scheme, Gaya directing the petitioners to deposit/refund the excess amount received by him for providing mid-day meal.

3. Learned counsel for the Mid Day Meal submits that upon inspection made by the respondent authority, it was found that the number of children were found less than the

Patna High Court CWJC No.9267 of 2017(5) dt.25-06-2024 2/2 attendance made by the petitioners.

4. Taking into consideration the nature of dispute, in my opinion, it is appropriate for the Director, Mid Day Meal, to hear both the parties and pass a final order upon the order of recovery issued by the District Programme Officer, Gaya

5. Accordingly, I direct the Director, Mid Day Meal, to fix a date for appearance of the petitioners and the respondents no. 7 before him, for giving them personal hearing and deciding the matter by a reasoned order. Director, Mid Day Meal can hear the matter through virtual mode or hybrid mode subject to approval of the parties concerned.

6. The entire exercise must be completed by the Director within a period of six months from the date of receipt/production of a copy of this order.

7. With the aforesaid observation and direction, this writ application is disposed of.

(Anil Kumar Sinha, J) perwez U