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Patna High Court
Ram Bahadur Prasad vs State Of Bihar on 5 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9874 of 2021
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Ram Bahadur Prasad, S/o Late Devki Ray, R/o Village-Chhota Jhaua, Police
Station-Awatarnagar, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. State of Bihar through the Principal Secretary, HRD Department, Bihar,
Patna.
2. The District Magistrate, Saran, Chapra.
3. The Sub-Divisional Officer, Sadar, Saran, Chapra.
4. The DCLR, Sadar, Chapra.
5. The District Education Officer, Saran, Chapra.
6. The District Programme Officer, Samagra Shikha, Saran, Chapra.
7. The Circle Officer, Garkha, Saran.
8. The Mukhiya, Gram Panchayat Raj, Panchpatiya, Deoriya.
... ... Respondent/s
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Appearance :
For the Petitioner/s :
For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-02-2026
The petitioner has approached this Court seeking a
direction upon the respondents to upgrade the Middle School,
Chhot Jhauan to High School since the school is fulfilling all
criteria to be upgraded and the land for above stated purpose is
already available, besides there is recommendation for transfer
of the Government land for construction of the building of the
School in question.
2. To examine the claim of the petitioner, this Court had
earlier directed the concerned respondents to ensure filing of the
Patna High Court CWJC No.9874 of 2021 dt.05-02-2026
counter affidavit and apprise this Court with regard to the
position of the School in question.
3. Learned Advocate for the State referring to the
counter affidavit submits that besides the fact the petitioner
being the villager, filed the present writ petition for upgradation
of the School in question, the Government has fixed the criteria
for upgradation of the Middle School to High School. A school
must have a minimum of 0.75 acre land for development of
basic structure of the High School out of which at least 40
decimal must be of vacant land. Subsequent thereto, the District
Programme Officer vide its letter No. 1122 dated 30.04.2025
directed the Block Education Officer, Garkha to submit a
detailed report after making proper verification. The Block
Education Officer submitted a report that there is no sufficient
land available for upgradation of the present Middle School.
Moreover, previously one upgraded Middle School,
Panchpatiya has already been upgraded into the High School in
the same Panchayat. Thus considering the afore noted factual
position as also the enquiry report dated 10.05.2025, the District
Programme Officer denied for upgradation of the Middle
School, Chhot Jhaua to the High School, Chhot Jhaua.
4. Having considered the submissions advanced and the
Patna High Court CWJC No.9874 of 2021 dt.05-02-2026
materials available in the counter affidavit, especially the
enquiry report which, prima facie, suggests that the school in
question does not fulfill the requisite criteria for upgradation
from Middle School to the High School, besides it the policy
decision of the State Government, this Court does not find any
reason or occasion to interfere in the present writ petition.
Accordingly, the present writ petition stands dismissed.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 06.02.2026
Transmission Date
