Patna High Court
Ravi Kumar vs The State Of Bihar Through The Principal ... on 25 March, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4556 of 2025
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1. Ravi Kumar, S/o Yadunandan Prasad, Resident of Village-Mafi gali, P.S.-
Warisaliganj, District- Nawada.
2. Anamika Kumari, D/o Ghanshyam Bihari, Resident of Village-Rajvigaha,
Post-Sadipur, P.S.-Warisaliganj, District- Nawada.
3. Nikita Arya, D/o Santosh Kumar Gupta, Resident of Village-Durga Sthan,
Post-Nawada, P.S.-Nawada, District-Nawada.
4. Dharmendra Kumar Verma, S/o Vijay Saw, Resident of Village-Tharthari,
Post-Raypur Kooyal Vigaha, P.S.-Thathari, District-Nawada.
5. Nitish Kumar, S/o Rajmuni Paswan, Resident of Village-Marwa, P.S.-Erai
Benipur, District-Nawada.
6. Amit Kumar Sinha, S/o Kaushal Kishor Prasad, Resident of Village-Oraina,
P.S.-Mufsisal, District-Nawada.
7. Varsha Kumari, D/o Vijay Prasad, Resident of Village- Nardiganj Road, P.S.-
Garhpar, District-Nawada.
8. Rajesh Raj, S/o Abhay Kumar, Resident of Village-Kaghzi Mohalla, Post-
Bihar Sharif, P.S.-Bihar Sharif, District-Nawada.
9. Vinay Kumar, S/o Manoj Prasad, Resident of Village-Masankhama, Post-
Naromurar, P.S.-Warisaliganj, District- Nawada.
10. Bijendra Ravidas, S/o Rajendra Ravidas, Resident of Village- Masankhama,
Post- Naromurar, P.S.-Warisaliganj, District- Nawada.
11. Bablu Raj, S/o Arvind Kumar, Resident of Village-Dalelpur, Post-Nardiganj,
P.S.- Nardiganj, District-Nawada.
12. Guddu Kumar Ram, S/o Vijay Ram, Resident of Village-Murgiyachak, Post-
Gopalpur, P.S.- Warisliganj, District-Nawada.
13. Sunil Kumar, S/o Shyam Ray, Resident of Village-Rajkhand, P.S.- Aurai,
District-Muzaffarpur.
14. Dipu Kumar Paswan @ Deepu Kumar Paswan S/o Anil Paswan, Resident of
Village-Bhatauna, Post-Bhatauna, P.S.- Karja, District-Muzaffarpur.
15. Rakesh Kumar, S/o Ram Vilash Mandal, Resident of Village-Ladaura, Post-
Ladaura Pakri, P.S.- Kudhni, District-Muzaffarpur.
16. Abhay Kumar, S/o Santosh Kumar, Resident of Village-Bangara Nijamat,
P.S.- Sahebganj, District-Muzaffarpur.
17. Santosh Kumar, S/o Lt Shambhu Tiwari, Resident of Village-Bairiya
(Jugdambanagar), P.S.- Ahiyapur, District-Muzaffarpur.
18. Munna Kumar, S/o Shiv Kumar Ram, Resident of Village-Pateji, Post -
Khujhwa, P.S. - Asauw, District- Siwan.
19. Braj Bhushan Kumar, S/o Nand Kishor Bhakta, Resident of Village-
Madhurapur, Post- Bakhra, P.S.- Saraiya, District-Muzaffarpur.
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20. Pappu Kumar, S/o Prem Nath Sharma, Resident of Village-Mithepur, P.S.-
Garkha, District-Saran.
21. Shankar Kumar, S/o Ram Kailash Mahto, Resident of Village-Sitamarhi,
P.S.- Sitamarhi, District- Sitamarhi.
22. Prabhat Ranjan, S/o Jaleshwar Ray, Resident of Village-Paru Gopalpur,
Post- Paru, P.S.- Paru, District- Muzaffarpur.
23. Pritam Kumar, S/o Rajiv Kumar Mandal, Resident of Village- Teengachiya
Naya Tola , Post- Fulwari, P.S.- Katihar, District- Katihar.
24. Simpi Kumari, D/o Rajiv Kumar Mandal, Resident of Village-Haflagnanj,
Post- Sirniya, P.S.- Muffasil, District- Katihar.
25. Ajmat Parween, D/o MD. Shamsuddin, Resident of Village-Kheria, Post-
Kheria, P.S.- Korha, District- Katihar.
26. Wasim Raja, S/o MD. Shamsuddin, Resident of Village-Kheria, Post-
Kheria, P.S.- Korha, District- Katihar.
27. Nilesh Kumar Poddar, S/o Pradip Kumar Poddar, Resident of Village-
Bhelae, Post- Raholi, P.S.- Dandkhora, District- Katihar.
28. Ayush Gaurav S/o Chiranjiv Kumar Mandal, Resident of Village-Jhauaa,
Post- Sahja, P.S.- Pranpur, District- Katihar.
29. Mithun Kumar Roy @ Mithun S/o Suren Roy, Resident of Village-Hasoor,
Post- Balrampur, P.S.- Balrampur, District- Katihar.
30. Sunil Kumar, S/o Rameshwar Prasad Singh, Resident of Village-Binji, P.S.-
Kodha, District- Katihar.
31. Nitin Kumar, S/o Ganesh Guide, Resident of Village-Falka, Post- Falka,
P.S.- Falka, District- Katihar.
32. Ravi Ujjwal Kumar, S/o Bindeshwari Prasad Yadav, Resident of Village-
Meer Tola, Ward No. 07, Post- Saharsa, P.S.- Saharsa, District- Saharsa.
33. Brajesh Kumar, S/o Amrendra Kumar, Resident of Village-Paharpur, Post-
Sakra Paharpur, P.S.- Simri Bakhtiyarpur, District- Saharsa.
34. Suraya Narayan Kumar, S/o Surat Lal Sardar, Resident of Village-Jhahura,
Ward No. 09, P.S.- Raharia, District- Supaul.
35. Md. Javed Anjum, S/o Md. Shabbir Ahmad, Resident of Village-Bariyahi
Bazar, Post- Bariyahi Bazar, P.S.- Bangaon, District- Saharsa.
36. Md. Hasmat Nurani, S/o Md. Md Haider Ali, Resident of Village-Naya
Bazar, Ward No. 12, Post- Saharsa, P.S.- Kahra, District- Saharsa.
37. Satish Kumar, S/o Siyaram Yadav, Resident of Village- Saraigarh, Post-
Saraigarh, P.S.- Kishanpur, District- Supaul.
38. Richa Sharma, D/o Kumod Sharma, Resident of Village- Narkitya Chowk,
Post- Rajnagar, P.S.- Rajnagar, District- Madhubani.
39. Chandra Kumar, S/o Shivnarayan Mahto, Resident of Village-Katmakhor,
Post- Harbhanga, P.S.- RS Shivir, District- Madhubani.
40. Shiv Kumar Yadav, S/o Ram Narayan Yadav, Resident of Village-Kalikapur
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Navtoli, Post- Kalikapur Navtoli, P.S.- Kaluahi, District- Madhubani.
41. Chhotu Kumar Sharma, S/o Lal Sharma, Resident of Village- Simrahi Bazar,
Post- Jiyaram Raghopur, P.S.- Raghopur, District- Supaul.
42. Pratibha Kumari, D/o Mahesh Raut, Resident of Village-Gandhi Chowk,
Ward No. 26, Post- Madhubani, P.S.- Madhubani, District- Madhubani.
43. Suman Bharti, D/o Madan Kumar Bharti, Resident of Village- Brahmotra,
Post- Pandaul, P.S.- Sakri, District- Madhubani.
44. Awdhesh Kumar Sah, S/o Ram Baleshwar Sah, Resident of Village- Jiraul,
Post- Jiraul, P.S.- Khirhar, District- Madhubani.
45. Abhishek Kumar Mandal, S/o Ramnand Mandal, Resident of Village-
Bhajnaha, Post- Bhajnaha, P.S.- Laukaha, District- Madhubani.
46. Shiv Nandan Podar, S/o Binaram Podar, Resident of Village-Rampur, Post-
Basudevpur, P.S.- Laukaha, District- Madhubani.
47. Ajeet Kumar Yadav, S/o Rambilash Yadav, Resident of Village- Rampur,
Post- Basudevpur, P.S.- Laukaha, District- Madhubani.
48. Kuldeep Mandal, S/o Tej Narayan Mandal, Resident of Village-Gangdwar,
Post- Gangdwar, P.S.- Andharathadhi, District- Madhubani.
49. Arjun Kumar Ram, S/o Mangam Ram, Resident of Village- Narkatiya
Chowk Rajnagar, Post- Rajnagar, P.S.- Rajnagar, District- Madhubani.
50. Nawal Chandra, S/o Ganga Prasad Purbey, Resident of Village- Narkatiya
Chowk Rajnagar, Post- Rajnagar, P.S.- Rajnagar, District- Madhubani.
51. Shambhu Kumar Sah, S/o Bhogilal Sah, Resident of Village-Rampur, Post-
Basudevpur, P.S.- Laukaha, District- Madhubani.
52. Pramendra Ram, S/o Mahendra Ram, Resident of Village-Batermari, Post-
Basudevpur, P.S.- Laukaha, District- Madhubani.
53. Sunny Kumar Anand, S/o Umesh Mahto, Resident of Village- Jhanjharpur
(R.S.), Post- Jhanjharpur (R.S.), P.S.- Jhanjharpur (R.S.),, District-
Madhubani.
54. Sunil Kumar Ram, S/o Jadu Ram, Resident of Village-Bhalni, Post- haripur
Dihtol, P.S.- Kaluahi, District- Madhubani.
55. Pappu Kumar, S/o Baijnath Prasad Yadav, Resident of Village-Tulsiyahi,
Post- Manohar Patti, P.S.- Marauna, District- Supaul.
56. Pradip Prakash, S/o Om Prakash Sharma, Resident of Village-Baskhora,
Post- Baskhora, P.S.- Maauna, District- Supaul.
57. Guddu Kumar, S/o Garib Sah Swarnakar, Resident of Village-Azad Nagar
Ganj, Post- Simri Bakhitiyarpur, P.S.- Simri Bakhitiyarpur, District- Saharsa.
58. Subhash Kumar, S/o Rajendra Sharma, Resident of Village-Gandhi Path,
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Ward No. 08, Post- Saharsa, P.S.- Saharsa, District- Saharsa.
59. Suman Kumar @ Suman S/o Ashok Thakur, Resident of Village-Naya Tola
Baluahi, Post- Koshi College, P.S.- Khagariya, District- Khagariya.
60. Rajesh Raj, S/o Subhash Sah, Resident of Village- Rampur Road, Post-
Jamalpur Gogri, P.S.- Gogri, District- Khagariya.
61. Karan Kumar, S/o Pramod Thakur, Resident of Village-Naya Tola Baluahi,
Post- Koshi College, P.S.- Khagariya, District- Khagariya
62. Santosh Kumar, S/o Shatrughna Prasad, Resident of At and Post-Dih
Dashahara, P.S.- Patori (O.P.- Mohanpur), District- Samastipur.
63. Raghuveer Paswan @ Raghuveer S/o Ramlaulin Paswan, Resident of
Village- Chaita Dakshini, Ward No. 09, Post-Sagma, P.S.- Angarghat,
District- Samastipur.
64. Sushil Kumar, S/o Ramdeo Pandit, Resident of Village- Nayatol, Post-
Aagapur, P.S.- Mansurchak, District- Begusarai.
65. Vishal Kumar, S/o Naresh Mahto, Resident of Village- Samastipur, Post-
Samastipur, P.S.- Samastipur, District- Samastipur.
66. Aditya Kumar, S/o Dinesh Prasad, Resident of Village- Basudeopur, P.S.-
Kalyanpur, District- Samastipur.
67. Raj Kamal Priyadarshi, S/o Kamal Kishore Thakur, Resident of Village-
Kalyanpur, P.S.- Kalyanpur, District- Samastipur.
68. Md Mazhar, S/o Md Anwar, Resident of Village- Ramnagar, P.S.-
Warisnagar, District- Samastipur.
69. Sonu Kumar, S/o Ram Kumar Mahto, Resident of Village- Ramchandrapur,
P.S.- Sarairanjan, District- Samastipur.
70. Mithilesh Kumar, S/o Suraj Das, Resident of Village- Barheta, P.S.-
Kalyanpur, District- Samastipur.
71. Sudama Kumar, S/o Shyam Sharma, Resident of Village- Shumbha, P.S.-
Alauli, District- Khagariya.
72. Mukesh Kumar Ram, S/o Ramphal Ram, Resident of Village- Madhuvan
Pokhar Bhinda, P.S.- Bahadurpur, District- Samastipur.
73. Sajda Perween, D/o Md Nazirul Hasan, Resident of Village- Ratwara, P.S.-
Kalyanpur, District- Samastipur.
74. Deepak Kumar Pandit, S/o Ram Suresh Pandit, Resident of Village- Kabi,
P.S.- Ghatho, District- Samastipur.
75. Mohan Kumar Mahto, S/o Ganesh Mahto, Resident of Village- Saidpur
Zahid, P.S.- Ujiarpur, District- Samastipur.
76. Md. Shamsul Haque, S/o Abdul Latif, Resident of Village- Jagta Kharsahi,
P.S.- Raniganj, District- Araria.
77. Gajendra Kumar Paswan, S/o Sri Upendra Paswan, Resident of Village-
Packpar, P.S.- Bhargama, District- Araria.
78. Sokrit Mani, S/o Sanjay Kumar, Resident of Village- Nagar Parishad
Udakishunganj, P.S.- Udakishunganj, District- Araria.
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79. Prince Kumar, S/o Pawan Kumar, Resident of Village- Mahavir Nagar
Banka, P.S.- Banka, District- Banka.
80. Santosh Kumar Sah, S/o Sanjay Sah, Resident of Village- Chutiya, P.S.-
Banka, District- Banka.
81. Nunumani Prasad, S/o Ram Pravesh, Resident of Village- Jagdiha, P.S.-
Banka, District- Banka.
82. Gaurang Kumar, S/o Gopal Krishna Pandey, Resident of Village- Chandan
Chanan, P.S.- Banka, District- Banka.
83. Devendra Kumar @ Devendra Kumar Yadav S/o Shyam Devo, Resident of
Village- Khaira, P.S.- Banka, District- Banka.
84. Kundan Sah, S/o Hari Sah, Resident of Village- Gandhi Nagar, Samukhiya,
P.S.- Banka, District- Banka.
85. Prahlad Kumar, S/o Rajendra Tanti, Resident of Village- Latane, P.S.- Jamui,
District- Jamui.
86. Palan Kumar Pandey, S/o Ashok Kumar Pandey, Resident of Village-
Chandan, P.S.- Banka, District- Banka.
87. Arun Kumar, S/o Mantu Rajak, Resident of Village- Vijay Nagar, P.S.-
Banka, District- Banka.
88. Khushi Nath Singh, S/o Yamuna Prasad Singh, Resident of Village- Mahua,
P.O.- Baigna, P.S. Terhagajhh, District- Kishanganj.
89. Manoj Modak, S/o Ananto Modak, Resident of Village- Shitalpur, P.S.
Paharkatta, District- Kishanganj.
90. Sandeep Kumar, S/o Shital Chand Mandal, Resident of Village- Majgawan,
P.O.- Gaiyari, P.S. Araria, District- Araria.
91. Surendra Singh, S/o Khargo Singh, Resident of Village- Jalu Chowk
Molnapada, P.O.- Chanamna, P.S. Pothiya, District- Kishanganj.
92. Sonu Das, S/o Sunil Das, Resident of Village and P.O - Khutha Dih, P.S.
Barhiya, District- Lakhisarai.
93. Vikash Kumar, S/o Gulabchandra Pandit, Resident of Village - Krari
Pipariya, P.O and P.S. Pipariya, District- Lakhisarai.
94. Jeevan Kumar, S/o Jayjayram Mandal, Resident of Village - Simarbani, P.S.
Bhargama, District- Araria.
95. Satyam Kumar Sinha, S/o Sudhir Kumar Sinha, Resident of Village -
Sirchand Nawada, P.S. and District- Jamui.
96. Ashish Ranjan, S/o Shailendra Prasad, Resident of Village - Shahri, P.S.
Barh, District- Patna.
97. Sumit Kumar, S/o Kailash Mandal, Resident of Village - Barhiya, P.S.
Barhiya, District- Lakhisarai.
98. Aman Kumar, S/o Ajay Kumar, Resident of Village - Tahdiya, P.S. Barhiya,
District- Lakhisarai.
99. Ashish Kumar, S/o Shambhu Prasad Sinha, Resident of Village - Balgudar,
P.S. Lakhisarai, District- Lakhisarai.
100 Sonu Kumar, S/o Bijendra Rajbhar, Resident of Village Lalpur, P.S. Lalpur,
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. District- Madhepura.
101 Vikram Kumar, S/o Ashok Thakur, Resident of Village Alamnagar, P.S.
. Madhepura, District- Madhepura.
102 Hardik Kumar, S/o Sunil Kumar Keshri, Resident of Village - Bhirkhi
. Madhepura, P.S. Madhepura, District- Madhepura.
103 Suraj Kumar, S/o Ramchandra Paswan , Resident of Village Kishanganj,
. Ward No. 07, P.S. Madhepura, District- Madhepura.
104 Kavita Kumari, D/o Om Prakash Mandal, Resident of Village Biri Rampal,
. P.S. Madhepura, District- Madhepura.
105 Abhimanyu Kumar Jha, S/o Gajendra Jha, Resident of Village Bangama,
. P.S. Bihariganj, District- Madhepura.
106 Nitish Kumar, S/o Nageshwar Magahiya, Resident of Village Kala Patti
. Barhi, P.S. Phulparas, District- Madhubani.
107 Saraswati Kumari, D/o Arjun Jha, Resident of Village - Nawada, P.S.
. Darbhanga, District- Darbhanga.
108 Md. Nurhasan Nadaf, S/o Md. Najim Nadaf, Resident of Village Mahinam,
. P.S. Darbhanga, District- Darbhanga.
109 Indrajit Ram, S/o Suraj Ram, Resident of Village - Pairam, P.S. Darbhanga,
. District- Darbhanga.
110 Devendra Yadav, S/o Ramnandan Yadav, Resident of Village -
. Banimabandh, P.S. Darbhanga, District- Darbhanga.
111. Mirtyunjay, S/o Rishikesh Thakur, Resident of Village Manjhaura, P.S.
Benipur, District- Darbhanga.
112 Neha Kumari, D/o Dhirendra Pratap Singh, Resident of Village Samatipur,
. P.S. Samastipur, District- Samastipur.
113 Md. Kamruddin Ansari, S/o Md. Kalim Uddin, Resident of Village Baghant,
. P.S. Darbhanga, District- Darbhanga.
114 Ashraf Ali, S/o Md. Ali Parwej, Resident of Village Bhuluchak, P.S.
. Darbhanga, District- Darbhanga.
115 Kanhaiya Kumar, S/o Basukinath Jha, Resident of Village Darima, P.S.
. Darbhanga, District- Darbhanga.
116 Chhotu Kumar Sahu, S/o Mangal Sahu, Resident of Village - Ratanpura, P.S.
. Darbhanga, District- Darbhanga.
117 Md. Kaish Alam, S/o Mansoor Alam, Resident of Village Hazrat Shiura, P.S.
. Patori, District- Samastipur.
118 Krishan Murari Mishra, S/o Kapildeo Mishra, Resident of Village Mahinam,
. P.S. Maniham, District- Darbhanga.
119 Prashant Kumar, S/o Ashok Kumar Singh, Resident of Village - Tetri, P.S.
. Dandari, District- Begusarai.
120 Sikendar Kumar, S/o Ram Pravesh Paswan, Resident of Village - Katarmala,
. P.S. Dandari, District- Begusarai.
121 Ravi Kumar, S/o Rajendra Sah, Resident of Village - Powerhouse Road,
. Gajhhi Tola Ward No.32, P.S. Begusarai, District- Begusarai.
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122 Sandeep Kumar, S/o Umesh Paswan, Resident of Village - Mahmudpur, P.S.
. Begusarai, District- Begusarai.
123 Anuj Kumar, S/o Anand Kumar Jha, Resident of Village - Badi Aidhu Pandit
. Tola, P.S. Muffasil, District- Begusarai.
124 Simpi Kumari, S/o Sriram Kailash Mahto, Resident of Village - Gamhariya,
. P.S. Nawkothi, District- Begusarai.
125 Vikky Kumar, S/o Chandu Ram, Resident of Village - Panhous, Ward No.2,
. P.S. Lohianagar, District- Begusarai.
126 Shubham Kumar, S/o Ashok Sah, Resident of Village - Bagwara, P.S.
. Muffasil, District- Begusarai.
127 Taufique Ansari, S/o Md. Jubair Ansari, Resident of Village - Dhankaul, P.S.
. Teghra, District- Begusarai.
128 Sandeep Kumar, S/o Rajendra Pandit, Resident of Village - Nunpur, P.S.
. Teghra, District- Begusarai.
129 Pradip Kumar Malakar, S/o Ashok Kumar Malakar, Resident of Village -
. Vishwapuriya, P.S. Kharif Bazar, District- Bhagalpur.
130 Rupam Kumar, S/o Jitendra Kumar Jha, Resident of Village - Bari
. Khanjarpur, P.S. Barari, District- Bhagalpur.
131 Md. Sarafaraz Alam, S/o Md. Alamgir, Resident of Village - Baskitt, P.S.
. Balbadda, District- Godda (Jharjhand).
132 Piyush Kumar, S/o Shankar Prasad Tiwary, Resident of Village - Salempur,
. P.S. Amarpur, District- Banka.
133 Mithun Kumar Sahni, S/o Dukha Sahni, Resident of Village - Kahalgoan
. P.S. Kahalgaon, District- Bhagalpur.
134 Ritesh Raj Ranjan, S/o Hardeo Prasad Sah, Resident of Village - Vijaynagar,
. P.S. Bariyarpur, District- Bhagalpur.
135 Vijay Kumar, S/o Dukhan Sahni, Resident of Village - Brahmstahn, P.S.
. Bariyarpur, District- Bhagalpur.
136 Niraj Kumar Jha, S/o Vyas Chandra Jha, Resident of Village - Mahamdpur,
. P.S. Amarpur, District- Bhagalpur.
137 Sanjay Kumar, S/o Uchit Prasad Rai, Resident of Village - Sahebganj, P.S.
. Nayanager, District- Bhagapur.
138 Raviranjan Pal, S/o Ganesh Pal, Resident of Village - Hazipur, P.S.
. Madanpur, District- Aurangabad.
139 Amit Kumar, S/o Devnandan Ram, Resident of Village - Birai, P.S.
. Daudnager, District- Arauganabd.
140 Bajrangi Thakur, S/o Awadhesh Thakur, Resident of Village - Jasaiya Kanhai
. bigha, P.S. Aurangabad, District- Aurangabad.
141 Puja Kumari, D/o Janardan Ram, Resident of Village - Suthani Gali, P.S.
. Daudnagar, District- Aurangabad.
142 Bablu Kumar, S/o Suryanath Singh, Resident of Village - Patelnagar
. Daudnagar, P.S. Daudnagar, District- Aurangabad.
143 Harendra Kumar Yadav, S/o Tuleshwar Yadav, Resident of Village -
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. Khandwan, P.S. Daudnagar, P.S. Daudnagar, District- Aurangabad.
144 Rohit Kumar, S/o Harendra Singh, Resident of Village - Karma Road Police
. Line , P.S. - Aurangabad, District- Aurangabad.
145 Anish Kumar, S/o Nagendra Prasad Singh, Resident of Village - Saidabad ,
. P.S. - Shivsagar, District- Rohtas.
146 Rajesh Kumar, S/o Rajendra Ram, Resident of Village - Sahwajpur , P.S. -
. Sahwajpur, District- Sitamarhi.
147 Virendra Kumar, S/o Ramjatan Ray, Resident of Village - Bhutha , P.S. -
. Choraut, District- Sitamarhi.
148 Nisha Kumari, D/o Brij Kishor Yadav, Resident of Village - Bhagwanpur
. Tole Sangrampur , P.S. - Parsauni, District- Sitamarhi.
149 Jitendra Kumar, S/o Kishori Sahni, Resident of Village - Bajitpur , P.S. -
. Dumra, District- Sitamarhi.
150 Ajay Kumar Mahto, S/o Hardev Mahto, Resident of Village - Partapur , P.S.
. - Belsand, District- Sitamarhi.
151 Guriya Kumari, D/o Vijay Kumar Pandit, Resident of Village - Kusmari ,
. P.S. - Kharsan, District- Sitamarhi.
152 Shrawan Kumar, S/o Bhuneshwar Ray, Resident of Village -
. Wishawanathpur , P.S. - Dumra, District- Sitamarhi.
153 Ramnath Kumar, S/o Nagendra Singh, Resident of Village - Anharwan , P.S.
. - Sitamarhi, District- Sitamarhi.
154 Mantu Kumar, S/o Suryanand Yadav, Resident of Village - Rampur Bhaishi ,
. P.S. - Kuchaykot, District- Gopalganj.
155 Ranjit Kumar, S/o Babulal Prasad, Resident of Village - Nabiganj , P.S. -
. Basantpur, District- Siwan.
156 Prakash Kumar Pal, S/o Ganga Bahadur, Resident of Village - Rampur
. Gopalganj , P.S. - Gopalganj, District- Gopalganj.
157 Pankaj Chauhan, S/o Akhileshwar Chauhan, Resident of Village - Purani
. Chowk , P.S. - Gopalganj, District- Gopalganj.
158 Aman Kumar Paswan, S/o Rampravesh Paswan, Resident of Village -
. Karmaini , P.S. - Kuchaykot, District- Gopalganj.
159 Awdesh Kumar, S/o Atma Ram, Resident of Village - Mangolpur , P.S. -
. Mahmadpur, District- Gopalganj.
160 Suraj Kumar Pal, S/o Jang Bahadur, Resident of Village - Basdila Khas , P.S.
. - Gopalganj, District- Gopalganj.
161 Manohar Kumar, S/o Vichar Prasad, Resident of Village - Kushahar , P.S. -
. Mahamdpur, District- Gopalganj.
162 Rishitosh Kumar, S/o Pappu Sah, Resident of Village - Huseni , P.S. -
. Dumriya Ghat, District- East Champaran.
163 Ramnit Kumar, S/o Vijay Prasad, Resident of Village - Itasang , P.S. -
. Rahue, District- Nalanda.
164 Abhay Kumar, S/o Ajay Kumar, Resident of Village - Bari Pahari , P.S. -
. Laheri, District- Nalanda.
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
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165 Raju Kumar, S/o Tunnu Raut, Resident of Village - Parida , P.S. - Rahui,
. District- Nalanda.
166 Nitish Kumar, S/o Kishori Pandit, Resident of Village - Sildahi , P.S. -
. Bhadaur, District- Patna.
167 Rajnish Kumar, S/o Anil Prasad, Resident of Village - Gorihari , P.S. -
. Baruane, District- Patna.
168 Pancham Kumar, S/o Indradeo Paswan, Resident of Village - Belthan , P.S. -
. Bakhatiyarpur, District- Patna.
169 Vikash Kumar, S/o Ram Pravesh Prasad, Resident of Village - Dhobi Bigha ,
. P.S. - Asthawan, District- Nalanda.
170 Kalpana Kumari, D/o Rajesh, Resident of Village - Sabalpur , P.S. - Rajgir,
. District- Nalanda.
171 Puja Kumari, D/o Ratan Raj, Resident of Village - Lalbagh , P.S. -
. Deepnagar, District- Nalanda.
172 Tinkee Kumari, D/o Chandan Kumar, Resident of Village - Begampur , P.S.
. - Nalanda, District- Nalanda.
173 Laxmi Kumari, D/o Chhote Prasad, Resident of Village - Painal Patna , P.S. -
. Bihta, District- Patna.
174 Mamta Kumari, D/o Kameshawar Chaudhari, Resident of Village - Sahar ,
. P.S. - Sahar, District- Nalanda.
175 Prahalad Chaudhary, S/o Baleshwar Chaudhary, Resident of Village -
. Meyar , P.S. - Noorsarai, District- Nalanda.
176 Chinki Kumari, D/o Chhote Prasad, Resident of Village - Painal , P.S. -
. Bihta, District- Patna.
177 Ram Babu, S/o Radhe Yadav, Resident of Village - Domavar , P.S. -
. Nardiganj, District- Nawada.
178 Raju Kumar Pandit, S/o Muneshwar Pandit, Resident of Village -
. Mahudahi , P.S. - Barhara, District- Bhojpur.
179 Rambahadur Yadav, S/o Jagnarayan Yadav, Resident of Village - Tetriya, P.S.
. - Shahpur, District- Bhojpur.
180 Ravi Ranjan Kumar, S/o Vinod Kumar Singh, Resident of Village -
. Pratappur , P.S. - Sandesh, District- Bhojpur.
181 Upendra Kumar, S/o Basant Prasad, Resident of Village - Dhamar , P.S. -
. Ara Muffsil, District- Bhojpur.
182 Dhiraj Kumar, S/o Krishna Saw, Resident of Village - Bhergawan , P.S. -
. Dhanarua, District- Patna.
183 Prasant Kumar, S/o Shailendra Sharma, Resident of Village - Pasaudha , P.S.
. - Sigori, District- Patna.
184 Saurabh Kumar, S/o Mahesh Prasad, Resident of Village - Paithana , P.S. -
. Nalanda, District- Nalanda.
185 Adarsh Kumar, S/o - Baijnath Singh, Resident of Village - Ajad Nagar
. Maner , P.S. - Maner, District- Patna.
186 Sarita Kumari, D/o Dineshwar Singh, Resident of Village - Paniyari , P.S. -
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
10/26
. Nawangar, District- Buxar.
187 Kunal Kumar, S/o - Rambol Singh, Resident of Village - Manjosh , P.S. -
. Sinkndra, District- Jamui.
188 Sudhanshu Shekhar, S/o - Manoj Kumar, Resident of Village - Kendua , P.S.
. - Tihiya, District- Jamui.
189 Suraj Saw, S/o - Rajesh Saw, Resident of Village - Jamui , P.S. - Jamui,
. District- Jamui.
190 Awadh Sharma, S/o - Matukdhari Sharma, Resident of Village - Sono , P.S. -
. Sono, District- Jamui.
191 Rahul Kumar, S/o - Chandra Shekhar Singh, Resident of Village - Jit Jhingui
. , P.S. - Khaira, District- Jamui.
192 Rajesh Kumar Chaudhari, S/o - Munni Chaudhari, Resident of Village -
. Poksi , P.S. - Pakri Varawa, District- Nawada.
193 Piyush Kumar, S/o - Bhola Singh, Resident of Village - Barabandh , P.S. -
. Khaira, District- Jamui.
194 Amit Kumar, S/o - Lalan Yadav, Resident of Village - Bharkahua , P.S. -
. Barhat, District- Jamui.
195 Saurabh Kumar Sharma, S/o - Randhir Sharma, Resident of Village - Pura ,
. P.S. - Tikari, District- Gaya.
196 Chandan Kumar, S/o - Haricharan Das, Resident of Village - Jethuli , P.S. -
. Nadi Ghana, District- Patna.
197 Abhishek Kumar, S/o - Arun Rajak, Resident of Village - Brahampur , P.S. -
. Beur, District- Patna.
198 Arun Kumar, S/o - Ram Pravesh Prasad, Resident of Village - Patna , P.S. -
. Kadamkuan, District- Patna.
199 Shyam Babu, S/o - Mahendra Yadav, Resident of Village -Mahamdpur , P.S.
. - Belaganj (Men), District- Gaya.
200 Amit Raj Kumar, S/o - Shivpujan Das, Resident of Village -Shankarpur ,
. P.S. - Belaganj (Men), District- Gaya.
201 Amit Kumar Sinha @ A.K. Sinha S/o - Anjani Kumar Sinha, Resident of
. Village -Patna , P.S. - Janakpur, District - Patna.
202 Raushan Kumar, S/o - Muneshwar Chaudhari, Resident of Village -Jethuli ,
. P.S. - Fatuha, District - Patna.
203 Himanshu Kumar, S/o - Gyan Ranjan Pandey, Resident of Village
. -Dariyapur , P.S. - Gaurichak, District - Patna.
204 Raj Kamal Sinha, S/o - Kumar Dilip Sinha, Resident of Village -Pabhera ,
. P.S. - Dhanrua, District - Patna.
205 Ravi Kumar, S/o - Vinod Kumar Chauhan, Resident of Village -Patna , P.S. -
. Gardibagh, District - Patna.
206 Rani Mishra, D/o - Lt Anil Kumar Mishra, Resident of Village -Mochita
. Faridpur , P.S. - Bihata, District - Patna.
207 Rakhi Kumari, D/o - Sadhu Sharma Singh, Resident of Village -Tulsigarh ,
. P.S. - Chandi, District - Nalanda.
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
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208 Jyoti Kumari, S/o - Devendra Lal Das, Resident of Village -New Khasa
. Sarai , P.S. - Laheriya Sarai, District - Darbhanga.
209 Pappu Kumar, S/o - Raja Ray, Resident of Village -Chainpura , P.S. -
. Panchanpur, District - Gaya.
210 Sumit Kumar, S/o - Satya Narayan Kumar, Resident of Village -Padrawan ,
. P.S. - Konch, District - Gaya.
211 Sintu Kumar Sharma, S/o - Lalratan Kumar Sharma, Resident of Village
. -Pachaura, P.S. - Harnaut, District - Nalanda.
212 Ravikant Kumar, S/o - Umesh Pandit, Resident of Village -Katari , P.S. -
. Chhabilapur, District - Nalanda.
213 Prashant Kumar, S/o - Arun Kumar Singh, Resident of Village -Patharukhi ,
. P.S. - Khizarsarai, District - Gaya.
214 Priyanjay Kumar Sinha, S/o - Mahendra Kumar Sinha, Resident of Village
. -Chhotki Nawada Near-Cotton Mil, P.S. - Delha, District - Gaya.
215 Niraj Kumar, S/o - Shri Ram Sharma, Resident of Village -Govindpur , P.S. -
. Chandauti, District - Gaya.
216 Shiv Lal Ram, S/o - Lt Kapilde v Ram, Resident of Village -Suruhari Dih ,
. P.S. - M.H. Nagar, District - Siwan.
217 Ankit Kumar Singh, S/o - Shyam Kumar Singh, Resident of Village
. -Bharvaliya , P.S. - Siswan, District - Siwan.
218 Kumari Priyanka Ray, D/o - Bhanu Pratap Ray, Resident of Village -Titra ,
. P.S. - Mairva, District - Siwan.
219 Sumit Kumar Yadav @ Sumit Yadav S/o - Prayag Prasad Yadav, Resident of
. Village -Fulwariya , P.S. - Mairva, District - Siwan.
220 Abhishek Kumar, S/o - Sahdev Ram, Resident of Village -Fakuli , P.S. -
. Mufsil Chhapra, District - Saran (Chapra).
221 Akhilesh Kumar Singh, S/o - Lt Chandra Mohan Singh, Resident of Village
. -Siwan , P.S. - Siwan, District - Siwan.
222 Akshay Yadav S/o - Birbal Yadav, Resident of Village -Bargachhiya , P.S. -
. Uchaka Gauw, District - Gopalganj.
223 Dhananjay Kumar Sharma, S/o - Devendra Prasad Singh, Resident of
. Village - Sultanpur (Shanichara Sthan) , P.S. - Danapur, District - Patna.
224 Dhannu Kumar Chaudhary, S/o - Shankar Chaudhary, Resident of Village
. -Shitalpur Bareja, P.S. - Daudnagar, District - Saran.
225 Durgawti Kumari, D/o - Manohar Kumar Sah, Resident of Village -hari
. Nagar , P.S. - Jagdishpur, District - West Champaran.
226 Guddu Kumar, S/o - Nagina Prasad, Resident of Village -Jainagar , P.S. -
. Nautan, District - West Champaran.
227 Jubair Ansari, S/o - Samiullah Ansari, Resident of Village -Bansgaon , P.S. -
. Visunpura, District - Uttar Pradesh.
228 Vivek Kumar Kushwaha, S/o - Bhagirath Prasad, Resident of Village
. -Manna , P.S. - Ramgarhwa, District - East Champaran.
229 Tarun Kumar, S/o - Ram Pravesh Prasad, Resident of Village -Amarudi Gali
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
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. Nala Road , P.S. - Kadam Kuan, District - Patna.
230 Yazisha Trannum, D/o - Md Shatiqul Islam, Resident of Village
. -Damodarpur , P.S. - Kanti, District - Muzaffarpur.
231 Md. Sarfraj, S/o - Md Aslam, Resident of Village -Bijdhari , P.S. - Kesriya,
. District - East Champaran.
232 Shaligram Kumar, S/o - Vijay Prasad Singh, Resident of Village -Farida ,
. P.S. - Rahue, District - Nalanda.
233 Vikram Kumar, S/o - Naveen Kumar Patel Resident of Village -Nagar
. Parishd Sheohar , P.S. - Sheohar, District - Sheohar.
234 Priya Kumari, D/o - Pankaj Kumar Singh Resident of Village -Morsand ,
. P.S. - Sitamarhi, District - Sitamarhi.
235 Adarsh Kumar, S/o - Gopal Prasad Sah, Resident of Village -Rahika Tola ,
. P.S. - Arariya, District - Arariya.
236 Manohar Lal Yadav, S/o - Binda Yadav, Resident of Village -Bankagoan ,
. P.S. - Bankagoan, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Old Secretariat, Patna.
2. The Director, Mid Day Meal, Budh Marg, Government of Bihar, Patna.
3. The Finance Department, Govt. of Bihar, through its Secretary, Old
Secretariat Patna.
4. The District Programme Officer, Mid Day Meal, Saharsa.
5. The District Programme Officer, Mid Day Meal, Bhagalpur.
6. The District Programme Officer, Mid Day Meal, Madhubani.
7. The District Programme Officer, Mid Day Meal, Araria.
8. The District Programme Officer, Mid Day Meal, Sheohar.
9. The District Programme Officer, Mid Day Meal, Kishanganj.
10. The District Programme Officer, Mid Day Meal, Purnea.
11. The District Programme Officer, Mid Day Meal, Begusarai.
12. The District Programme Officer, Mid Day Meal, Muzaffarpur.
13. The District Programme Officer, Mid Day Meal, Banka.
14. The District Programme Officer, Mid Day Meal, Madhepura.
15. The District Programme Officer, Mid Day Meal, Patna.
16. The District Programme Officer, Mid Day Meal, Arwal.
17. The District Programme Officer, Mid Day Meal, Aurangabad.
18. The District Programme Officer, Mid Day Meal, Bhojpur.
19. The District Programme Officer, Mid Day Meal, East Champaran at
Motihari.
20. The District Programme Officer, Mid Day Meal, West Champaran at
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
13/26
Bettiah.
21. The District Programme Officer, Mid Day Meal, Gaya.
22. The District Programme Officer, Mid Day Meal, Gopalganj.
23. The District Programme Officer, Mid Day Meal, Nalanda.
24. The District Programme Officer, Mid Day Meal, Nawada.
25. The District Programme Officer, Mid Day Meal, Chapra at Saran.
26. The District Programme Officer, Mid Day Meal, Sitamarhi.
27. The District Programme Officer, Mid Day Meal, Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y. V. Giri, Sr. Advocate
Mr. Dhananjaya Nath Tiwari, Advocate
For the State : Mr. Kumar Pankaj, AC to SC-5
For the MDM : Mr. Girijish Kumar,Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 25-03-2025
Initially, learned counsel for the petitioners submits
that he is not emphasizing prayer No. (iii) of the writ petition
and seeks permission to delete the said prayer during the course
of the day
2. Permission granted.
3. Heard learned Sr. Counsel for the petitioners,
learned counsel for the State and learned counsel for the Mid
Day Meal.
4. Learned Senior Counsel for the petitioners submits
that the present writ petition has been filed to quash the letter
dated 24.02.2025, issued by the Director, Mid Day Meal,
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
14/26
wherein the Data Entry Operator-cum-Bihar Resource Person
has been ordered to be terminated with effect from 31.03.2025,
citing the reason of a shortage of budget. The petitioners further
seek the quashing of the consequential order issued by the
District Programme Officer, Mid Day Meal, Bihar, under Letter
No. 491 dated 24.02.2025, which is in accordance with the
aforementioned letter from the Director, Mid Day Meal, Bihar,
Patna.
5. Learned Senior Counsel for the petitioners further
submits that the petitioners were appointed against the
sanctioned and vacant post of Data Entry Operator-cum-Block
Resource Person. A general notice was issued inviting different
agencies to supply manpower for the placement of Data Entry
Operator in all blocks of the district, as per Letter No. 1573
dated 11.07.2023 in accordance with Minute Nos. 6 and 7. In
total of 15 agencies were selected for various districts of Bihar.
Subsequently, these selected outsourcing agencies conducted a
typing competency exam for the petitioners and recommended
their names to the Directorate, Mid Day Meal, Bihar, Patna. The
Directorate thereafter hold another competency test, in which
the petitioners passed and then only their names were
recommended for appointment as Data Entry Operator-cum-
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
15/26
Bihar Resource Person in different blocks of the district. The
District Programme Officer, Mid Day Meal, subsequently
accepted the petitioners' joining in their respective district
offices in 2023 for the position of Data Entry Operator-cum-
Bihar Resource Person. Following this, some of the petitioners
were assigned to specific blocks through office orders issued
under the signature of the District Programme Officer, Mid Day
Meal.
6. Learned Senior Counsel further submits that all the
outsourcing agencies executed agreements with the Education
Department (MDM) between August and October 2023, initially
for a period of three years, with the possibility of an extension
for an additional two years, provided the work shall be found
satisfactory. The petitioners were appointed in September,
October, and other months of 2023, and till date, there have
been no adverse remarks either against the petitioners or their
respective agencies. Following the satisfactory completion of
one year of service by the petitioners, the department, in
accordance with the agreement, extended their services for an
additional year through Letter No. 3115 dated 17.10.2024,
issued by the Director, Mid Day Meal, Bihar, Patna. This
extension is applicable throughout Bihar. Learned Senior
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
16/26
Counsel further submits that the State Project Director, Bihar
Education Project Council, Patna, issued Letter No. 315 dated
17.01.2025
, which indicates that the services of Data Entry
Operators whose service period has already been extended by
the competent authority will not be disturbed. Following this,
the Director, Mid Day Meal, Bihar, Patna, issued Letter No.
3115 dated 17.10.2024, extending the service period of Data
Entry Operators- cum- Bihar Resource Persons engaged on a
contractual basis for an additional one year, i.e., until
September-October 2025. According to the letter dated
17.10.2024, the services of petitioners who have completed or
are about to be completed one year of service have been
extended for another year, with their extended service likely to
conclude between September and November 2025. The
petitioners, along with other similarly situated persons, have
been performing their duties to the full satisfaction of the
competent authority.
7. Learned Senior Counsel further submits that, all of
a sudden, the Director, Mid Day Meal, Bihar, Patna, issued
Letter No. 491 dated 24.02.2025, directing all District
Programme Officers (DPOs) of the Mid Day Meal to cease
utilizing the services of Data Entry Operators -cum- Bihar
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
Resource Persons (BRP) due to a budget shortfall. Relying on
this letter, the concerned DPOs of various districts issued
separate communications through different memos, informing
the petitioners who are currently serving as Data Entry
Operators - cum- Bihar Resource Persons that their services
will no longer be required after 31.03.2025. The petitioners
were also instructed to hand over their charge by 5:00 PM on
31.03.2025.
8. Learned Senior Counsel further submits that the
Mid Day Meal scheme of the Education Department is funded
with 60% from the Central Government and 40% from the State
Government. He submits that it is not within the ambit of the
Director, Mid Day Meal, that the scheme is being closed or run
rather, the issues that whether unused funds are available in the
account of the Single Nodal Agency, and whether the competent
authority has submitted any budget to the Finance Department,
have not been disclosed. Learned Senior Counsel also submits
that the petitioners, along with other similarly situated persons,
had their services extended until October 2025. However, after
the issuance of the letter dated 24.02.2025, it has now been
communicated that their services will not be required after
31.03.2025.
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
9. Learned Senior Counsel further submits that the
petitioners submitted a detailed representation on 25.02.2025 to
Respondent No. 2 regarding this issue. However, no decision
has been taken on the said representation by the concerned
officials as of yet. Learned Senior Counsel asserts that such a
decision is completely illegal and invalid under the law, and by
this writ petition, the petitioners have challenged the said letter
dated 24.02.2025 before this Hon'ble Court.
10. In support of his argument, Learned Senior
Counsel for the petitioners relies on the judgment rendered in
the case of Shripal and Another Vs. Nagar Nigam, Ghaziabad,
reported in 2025 SCC OnLine SC 221. He specifically refers to
paragraph 11 of the said judgment and submits that the
petitioners were appointed through an outsourcing agency,
which was selected under the Mid Day Meal scheme for
implementing the government's policy. Therefore, the State is
ultimately responsible, and as such, this writ petition is
maintainable because the ultimate employer in this case is the
State, not the outsourcing agency.
11. Learned Senior Counsel further submits that once
the petitioners' services were utilized for the implementation of
the policy, and subsequently their services were directed to be
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
extended by the competent authority, the Director, Mid Day
Meal, until September 2025, the issuance of the letter on
24.02.2025, directing that their services, along with those of
other similarly situated persons, will not be required after
31.03.2025, is both legally erroneous and in gross violation of
the ratio laid down in the case of Shripal (supra).
12. Learned Senior Counsel also relies on the
judgment rendered in the case of Jaggo Vs. Union of India and
Ors., reported in 2024 SCC Online SC 3826. He submits that in
the said judgment, the Hon'ble Supreme Court has held that the
International Labour Organization (ILO), of which India is a
founding member, has consistently advocated for employment
stability and the fair treatment of workers. In the said judgment,
the Hon'ble Supreme Court addresses the misuse of temporary
employment contracts, holding that "engaging workers on a
temporary basis for extended periods, especially when their
roles are integral to the organization's functioning, not only
contravenes international labour standards but also exposes the
organization to legal challenges and undermines employee
morale." The Hon'ble Supreme Court further instructs that by
ensuring fair employment practices, government institutions can
reduce the burden of unnecessary litigation, promote job
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
security, and uphold the principles of justice and fairness they
are meant to embody. Learned Senior Counsel, by virtue of his
pleadings and the judgments cited above, submits that the
impugned letter dated 24.02.2025 is liable to be set aside.
13. Learned counsel for the respondent, Mid Day
Meal, submits that, prima facie, the present writ petition is not
maintainable on the grounds that the petitioners are appointees
of outsourcing agencies under a contractual agreement.
Presently no counter-affidavit has been filed, but the materials
upon which he relies are already available on record. He
submits that the Offer-cum-Appointment letters of the
petitioners are attached from page 96 onwards to the writ
petition. A perusal of the appointment letters makes it clear that
the petitioners are appointees of outsourcing agencies and
admittedly the outsourcing agencies are not the State. The
contract contains specific conditions, including that the contract
is for a period of 11 months, and that the contract may be
terminated at any time. If the project is terminated due to
unavoidable circumstances, the contract will come to an end
with immediate effect.
14. Learned counsel for Mid Day Meal further
submits that the Mid Day Meal scheme is primarily aimed at
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
improving the nutritional status of school children, encouraging
regular school attendance, and promoting social equality by
providing free, nutritious meals. The scheme has been
implemented to align with the policy of the Central
Government, with funding provided by both the Central and
State Governments. However, this scheme is not permanent in
nature; it is temporary and continues only as long as funding is
available from the funding agencies. Learned counsel further
submits that the Director of Mid Day Meal is committed and
diligent in his duties, and he has full respect for his
responsibilities. It is for this reason that, upon receiving
information about the shortage of funds, the Director issued the
letter notifying that, due to the shortage of funds, Mid Day Meal
Directorate will not be in a position to make payments beyond
31.03.2025. Therefore, he submits that the orders under
challenge are legal and warrant no interference.
15. Learned counsel for Mid Day Meal further
submits that, at the time of appointing the agencies, an
agreement was executed, which is Annexure P/4 to the writ
petition. The agreement includes a Dispute Resolution
mechanism, as outlined on page 112 of the writ petition.
Specifically, Clause 1.3.1 discusses the mode of Conciliation,
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
while Clause 1.3.3 addresses Arbitration.
16. In response to the said submission, learned Senior
Counsel for the petitioners submits that the present dispute is
not between the agency and the Mid Day Meal scheme, but
rather between the petitioners, who are citizens, and the Mid
Day Meal agency. As such, the petitioners cannot invoke the
Arbitration Clause. Therefore, this point is not sustainable.
17. Learned counsel for Mid Day Meal further
submits that the scheme related to Bal Didi has been challenged
in two writ petitions filed by concerned persons before this
Hon'ble Court in CWJC No. 10761 of 2023 (titled Asha Kumari
and Ors. Vs. the State of Bihar and Ors.), decided on
17.10.2014, and in CWJC No. 22252 of 2012 (titled Anju
Kumari and Ors. Vs. the State of Bihar and Ors.), decided on
26.02.2014. In both writ petitions, the petitioners were
appointed as Bal Didi or Lok Didi as part of a policy run by the
Bihar Education Project Council. In both cases, the Hon'ble
Court refused to entertain the grievances of the Bal Didi and
Lok Didi petitioners, as they were appointed under the policy
administered by the Bihar Education Project Council.
18. Learned counsel further submits that the
judgment rendered in the case of Shripal (supra), as cited by
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
learned Senior Counsel for the petitioners, is not applicable in
the present case. This is because, in the Shripal judgment, the
workmen had challenged their reinstatement with back wages,
following two conflicting awards passed by the Labour Court.
These awards were subsequently challenged before the Hon'ble
High Court and then before the Hon'ble Supreme Court.
Learned counsel submits that the facts and circumstances of that
case are different from those of the present case and are not
identical.
19. He further submits that the judgment rendered in
the case of Jaggo (supra) is also not applicable, as the appellants
in Jaggo were seeking regularization of service arising out of
the decision of the Principal Bench, CAT. Therefore, the
judgments rendered in Shripal (supra) and Jaggo (supra), which
arose from orders passed by the Labour Court and the Principal
Bench of the Central Administrative Tribunal, are not applicable
to the present case. Moreover, learned counsel submits that in
this context, the present writ petition itself is not maintainable,
as there is no employer-employee relationship between the
petitioners and the Mid Day Meal scheme. The petitioners'
fundamental document is their own contract, and they are bound
by its terms.
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
20. After hearing Mr. Y. V. Giri, learned Senior
Counsel for the petitioners, assisted by Mr. Dhananjaya Nath
Tiwari, and Mr. Girijish Kumar, learned counsel for Mid Day
Meal, as well as upon perusal of certain materials admitted by
virtue of the documents available on record, it appears that the
petitioners were engaged on a contractual basis for their
respective posts, and the contract was between the outsourcing
agencies and the petitioners. It is also admitted that the
outsourcing agencies entered into an agreement with the
officials of the Mid Day Meal scheme. Therefore, the contention
raised by the learned Senior Counsel for the petitioners that the
clause in the terms of the agreement, as annexed at page 112 of
the writ petition, for resolving disputes through Conciliation and
Arbitration is not applicable to the petitioners. On this point, this
Court agrees with the argument of the learned Senior Counsel
for the petitioners. However, it is also true that the petitioners'
rights have been created solely by virtue of the contract, and as
such, they are bound by its conditions. At the time of the
contract's creation, it was clearly understood by the parties,
including the petitioners, that the work could be terminated
immediately due to unavoidable circumstances of the contract
by which petitioners' rights have been created. Consequently,
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
this condition was included in Clause 12, which reads as
follows:
"12. Your Services may be terminated
with one month notice and /or without assigning
any reason thereof depending on the seriousness as
decided by the Client. Failing to serve the notice
period of 30 (thirty) days from your side, you will
be recovered the losses, damages, expenses incurred
on your training and any other penalty/fine as fixed
by the agency. You will not claim for any rights or
employer employee relationship with the
client/agency."
21. The aforesaid clause is most relevant, as it
indicates that services may be terminated with one month's
notice. In the present case, upon perusal of the letter dated
24.02.2025, it is clear to this Court that, as a policy decision, the
Director of the project, upon realizing that he was not in a
position to continue the work due to a lack of budget, made the
decision to halt the services. Therefore, this Court cannot direct
any agency to alter the policy. The availability or non-
availability of the budget is within the domain of the person
administering the policy, and not within the jurisdiction of the
Court.
22. This Court is not inclined to interfere with the
said letter dated 24.02.2025. However, this Court hereby directs
Patna High Court CWJC No.4556 of 2025 dt.25-03-2025
that the protection to the petitioners, in light of Clause 12 of the
agreement, must be upheld. Therefore, if the termination has
occurred without one month's notice, the petitioners shall be
entitled to receive their salary for that one month only as per
Clause 12 of the condition of service mentioned above.
23. With the aforesaid observation and direction, the
writ petition stands dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29/03/2025
Transmission Date NA
