Vishnu Deo Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3875 of 2018 Savita Kumari W/o Ramdev Kumar, Resident of Village Post-Dhamna, P.S.- Jhajha, Giddhaur, District-Jamui, at the then In-Charge Head Master, Utkramit Madhya Vidyalaya, Khairan, Block-Jhajha, District-Jamui, at Present Assistant Teacher, Utkramit Madhya Vidyalaya, Salaiya, BlockJhajha, District-Jamui. Prakhand Niyojan Ikai, Jhajha Block, District-Jamui through its Secretary Block Education Extension Block Education Officer, Jhajha, District-Jamui. Civil Writ Jurisdiction Case No. 3885 of 2018 Surendra Prasad Yadav Son of Late Umraw Yadav, Resident of VillageBhikha, P.S.-Jhajha, District-Jamui at Present In-Charge Head Master, Utkramit Madhya Vidyalaya Karma Borwa, Block-Jhajha, District-Jamui. The Regional deputy Director of Education, Munger Division, Munger.
The District Programme Officer, Establishment education, Jamui. Prakhand Niyojan Ikai, Jhajha Block, District-Jamui through its Secretary Block Education Extension Amir Das, S/o (not Known to the Petitioner, at Present District Resource Person, Mid day Meal, Block-Jhajha, Di The Block Resopurce Person, Mid Day Meal, Block-Jhajha, District-Jamui.
2/5 Civil Writ Jurisdiction Case No. 3891 of 2018 Diwakar Prasad Singh Son of late Bhagwat Prasad Singh Resident of VillageRatanpur, P.S. Giddhaur, District- Jamui, at Present Head Master, Madhya Vidyalaya, Ratanpur, Block- Giddhaur, District- Jamui. The District Programme Officer, Establishment Education Jamui. Civil Writ Jurisdiction Case No. 3942 of 2018 Vishnu Deo Prasad Son of Late Gore Lal Sah, Resident of Village- Makwa, P.S.- Asarganj, District- Munger at present Head Master, Madhya Vidyalay, Borwa, Block- Jhajha, District- Jamui.
The State Of Bihar and Ors through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariate, Patna. Amir Das, S/o not known to the Petitioner, at present District Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. The Block Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. Civil Writ Jurisdiction Case No. 4168 of 2018 Abhay Kumar Son of Late Raghubir Yadav, Resident of Mohalla- Naya Gaon, P.S.- East Colony Jamalpur, District- Munger at present Head Master, Madhya Vidyalaya Karahara, Block- Jhajha, District Jamui.
3/5 Amir Das, S/o not known to the petitioner, at present District Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. The Block Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. Civil Writ Jurisdiction Case No. 4171 of 2018 Lalan Kumar Singh Son of Late Nityanand Singh, Resident of Village P.O.- Keshopur, P.S.- Jhajha, District- Jamui, at present In-charge Head Master, Utkramit Madhya Vidyalaya, Makrand, Block- Jhajha, District- Jamui. Prakhand Niyojan Ikai, Jhajha Block, District- Jamui through its Secretary Block Education Extensio Amir Das, S/o not known to the Petitioner, at present District Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. The Block Resource Person, Mid Day Meal, Block- Jhajha, District- Jamui. 9.
Appearance :
(In Civil Writ Jurisdiction Case No. 3875 of 2018) For the Petitioner/s :
NONE For the State :
Ms. Namrata Singh, AC to GA-12 For the Mid Day Meal :
Mr. Girijesh Kumar (In Civil Writ Jurisdiction Case No. 3885 of 2018) For the Petitioner/s :
NONE For the Respondent/s :
Mr. Madanjeet Kumar -Gp20 For the Mid Day Meal :
Mr. Girijesh Kumar (In Civil Writ Jurisdiction Case No. 3891 of 2018) For the Petitioner/s :
NONE
4/5 For the State :
Mr. Kameshwar Kumar- Gp17 Mr. Arbind Kumar, AC to GP-17 For the Mid Day Meal :
Mr. Girijesh Kumar (In Civil Writ Jurisdiction Case No. 3942 of 2018) For the Petitioner/s :
NONE For the State :
Mr. Shankar Kumar Thakur, AC to GP-27 For the Mid Day Meal :
Mr. Girijesh Kumar (In Civil Writ Jurisdiction Case No. 4168 of 2018) For the Petitioner/s :
NONE For the Respondent/s :
Mr. Mahadev. Pd. Yadaw-Gp23 Mr. Arvind Kumar, AC to GP-23 For the Mid Day Meal :
Mr. Girijesh Kumar (In Civil Writ Jurisdiction Case No. 4171 of 2018) For the Petitioner/s :
NONE For the State :
Ms. Namrata Singh, AC to GA-12 For the Mid Day Meal :
Mr. Girijesh Kumar CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2023 No one appears on behalf of the petitioners.
Learned counsel for the State as well as Mid Day Meal submits that in all the writ petitions the petitioners are the Head Master of the respective schools who have challenged the impugned letter issued by the District Programme Officer, directing them to deposit/refund the excess amount received by them for providing mid-day meal.
Learned counsel for the Mid Day Meal submits that upon inspection by the District Education Officer/District Programme Officer it was found that the number of children were less than the attendance made by the Head Master of the respective schools.
Taking into consideration the nature of dispute, in my opinion, it is appropriate for the Director, Mid Day Meal to hear
5/5 both the parties and pass a final order upon the letter of recovery issued by the District Programme Officer.
Accordingly, I direct the Director, Mid Day Meal to fix a date for appearance of the petitioners as well as the respective District Programme Officer/District Education Office before him, for giving them personal hearing and deciding the matter by a reasoned order.
The entire exercise must be completed by the Director within a period of six months from the date of receipt/production of the copy of this order. With the aforesaid observation and direction, this writ application is disposed.
(Anil Kumar Sinha, J) ashwani/- U