Patna High Court
Yogendra Kumar vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1469 of 2021
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Yogendra Kumar S/o-Kamlesh Yadav R/o Village-Chatwan, P.S.-Tikari,
District-gaya, Bihar-824235.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resource
Development Department (HRD), Govt. of Bihar, Patna
2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
3. The District Magistrate, Gaya.
4. The District Education Officer, Gaya.
5. The Sub-Divisional Officer, Tikari, Gaya.
6. The Block Education Officer, Tikari, Gaya.
... ... Respondent/s
(The proceedings of the Court are being conducted through Video Conferencing and
the Advocates joined the proceedings through Video Conferencing from their
residence.)
Appearance :
For the Petitioner/s : Mr. Ram Babu, Adv.
For the Respondent/s : Ms. Shilpa Singh (GA-12)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE Mr. JUSTICE S. KUMAR)
Date : 28-06-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i) For issuance of a writ in the
nature of a writ of Mandamus
commanding the respondent
Authorities for approval of up-graded
High School in Chatawan Panchayat
& not in Khaira Panchayat in view of
Bihar Govt's Education Policy as well
as in view of The Right of Children of
Free & Compulsory Education Act,
Patna High Court CWJC No.1469 of 2021 dt.28-06-2021
2009 as Chatawan Panchayat fulfills
all the criteria of up gradation but even
then is not being considered due to
extraneous reasons & colorable
exercise of power of respondents
Authorities.
(ii) For holding that up gradation
of Schools from primary to middle or
middle to high School is not the
discretion of Authorities rather certain
criteria such as availability of
infrastructure as Lands & number of
students as well as on the basis of
Total Population of any locality as
well as distance from the nearest High
School & other bonafide standard in
view of prevailing circumstances in
any locality for location /up gradation
of Schools in larger public interest.
(iii) For any other relief/(s)
applicable in the facts and
circumstances of the case.
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the authority
concerned to consider and decide the representation which the
petitioner shall be filing within a period of four weeks from
today for redressal of the grievance(s).
Learned counsel for the respondents states that if such a
representation is filed by the petitioner, the authority concerned
shall consider and dispose it of expeditiously and preferably
within a period of three months from the date of its filing along
Patna High Court CWJC No.1469 of 2021 dt.28-06-2021
with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
terms:-
(a) Petitioner shall approach the authority concerned
within a period of four weeks from today by filing a
representation for redressal of the grievance(s);
(b) The authority concerned shall consider and dispose
it of expeditiously by a reasoned and speaking order preferably
within a period of three months from the date of its filing along
with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law;
(e) 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;
(f) Liberty reserved to the petitioner to approach the
Patna High Court CWJC No.1469 of 2021 dt.28-06-2021
Court, if the need so rises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits. All
issues are left open;
(h) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
sushma/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29/6/21
Transmission Date NA
