Chandrashekhar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14803 of 2018 ====================================================== Chandrashekhar Paswan Son of Ram Bilas Paswan Resident of Sanni Mandir, Gulabbag, P.S. Sadar Purnea, Distt - Purnea.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Bihar, Patna. 2.

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

3.

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

The State Project Director, Bihar Education Project Council, Patna. 5.

The District Magistrate, Purnea.

6.

The District Education Officer, Purnea.

7.

The District Programme Officer Primary Education and Sarva Shiksha Abhiyan, Purnea.

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

For the Petitioner/s :

Mr.Brajesh Kumar For the Respondent/s :

Mr. R.V.P.Singh, AC to GA-XII.

Mr. Girijesh Kumar, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "(i) Directing the respondents to ensure the construction of eight additional classrooms in the Middle School Gulab Bagh Purnea at the earliest so that the studies of around 1000 (one thousand) students below fourteen years and belonging to backward, SC, STs and minority families should not be affected.

(ii) Directing the respondent authorities to ensure the

Patna High Court CWJC No.14803 of 2018(4) dt.20-02-2020 2/3 return of amount meant for school prize, toilet upgradation, sable programme, repairing grant, school development grant, scholarship BC/EBC for the year 2012-13 and 2013-14 (Annexure-4) to the Vidyalaya Siksha Samiti which has been illegally and arbitrarily returned to Bihar Education Project, Sarv Siksha Abhiyan, Purnia by incharge principal of middle school Gulabbagh, Purnia so that the respective works could be done.

(iii) Directing the respondent authorities to take appropriate departmental action against the incharge principal of the school who has illegally withdrawn the amount from account no. 21702013507 after 18.04.2017 without any authority when the another account no. 50254467972 of the school was in operation.

(iv) Directing the respondent authorities to take appropriate action against all the persons responsible for the mismanagement of the present school.

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the respondents states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of four months from the date of receipt thereof.

Patna High Court CWJC No.14803 of 2018(4) dt.20-02-2020 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U