Patna High Court
Jai Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of, with the Director, Mid‑Day‑Meal Scheme, Bihar directed to hear the petitioners and pass a reasoned order, and any recovery is stayed pending that order.
Summary
The petition was filed by a group of teachers seeking quashing of two letters dated 6‑December‑2019 issued by the District Programme Officer (Establishment), Saran, which ordered recovery of amounts from them under the Mid‑Day‑Meal programme. The petitioners prayed for certiorari to set aside the orders, mandamus to restrain further recovery, and a direction for refund of any amounts already recovered. The Court observed that identical questions had been decided by a coordinate bench in CWJC No. 1776 of 2027 (Bihar Arajpatrit Prarambhik Shikshak Sangh & Anr v. State of Bihar). Accordingly, the Court directed the Director of the Mid‑Day‑Meal Scheme, Bihar, to hear the petitioners personally (physically or virtually) and pass a reasoned order on the merits, and stayed any further recovery pending that order. The writ petition was therefore disposed of, with the matter referred to the concerned authority for final adjudication.
Issues considered
- Whether the letters dated 06‑12‑2019 issued by the District Programme Officer (Establishment) are legally valid and should be quashed.
- Whether the court can issue a mandamus directing the authority not to effect recovery of amounts from the petitioners.
- Whether any amounts recovered under the impugned orders must be refunded to the petitioners.
- Whether the dispute should be decided by the Director, Mid‑Day‑Meal Scheme, Bihar.
Subjects
- writ petition
- certiorari
- mandamus
- mid day meal scheme
- administrative law
- recovery of dues
- education sector
- public authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2891 of 2020
======================================================
1. Jai Kishore Singh Son of Late Gauri Shankar Singh Resident of Village-
Dharmpura, Post Office- Dharmpura, Police Station- Daudpur, District-
Saran, presently posted as In- charge Headmaster in Upgraded Middle
School, Mirzapur, Block- Sonpur, District- Saran.
2. Rajeshwar Choudhary Son of Rajendra Chaudhary Resident of Pahalwan
Nagar, Post Office and Police Station- Sonpur, District- Saran, presently
posted as In-charge Headmaster in Middle School, Sabalpur (West), Block-
Sonpur, District- Saran.
3. Rubi Kumari Wife of Nagendra Kumar Sharma Resident of Village-
Sabalpur Babhan Tolli, Post Office and Police Station- Sonpur, District-
Saran, presently posted as In-charge Headmaster in Primary School,
Mahuwa Bagh, Batrauli, Sonpur, Block- Sonpur, District- Saran.
4. Shila Kumari Wife of Sunil Kumar Resident of Village- Sabalpur Harizan
Tolli, Post Office and Police Station- Sonpur, District- Saran, presently
posted as In-charge Headmaster in Primary School, Sabalpur Chac Tola,
Sonpur, Block- Sonpur, District- Saran.
5. Sangita Singh Wife of Ashok Kumar Singh Resident of Village- Chiknauta
(Samta Colony), Post Office- Chiknauta, Police Station- Hajipur, District-
Vaishali, presently posted as In-charge Headmaster in Upgraded Middle
School, Harijan Tolla, Jaitiya, Sonpur, Block- Sonpur, District- Saran.
6. Ashok Kumar Son of Shyama Prasad Resident of Village- Dudhaila, Post
Office and Police Station- Sonpur, District- Saran, presently posted as In-
charge Headmaster in Primary School, Naya Prawejabad Sonpur, Block-
Sonpur, District- Saran.
7. Gajendra Kumar Singh Son of Baidyanath Singh Resident of Village- Dumri
Buzurg, Post Office- Dumri, Police Station- Nayagaon, District- Saran,
presently posted as In- charge Headmaster in Upgraded Middle School,
Dumari, Sonpur, Block- Sonpur, District- Saran.
8. Jai Prakash Narayan Son of Hari Nandan Prasad Sinha Resident of Bagmali,
Ward No. 7, Hajipur, District- Vaishali, presently retired from service from
the post of Assistant Teacher from Middle School, Govind Chak, Sonpur,
Block- Sonpur, District- Saran.
9. Sharavan Kumar Singh Son of Rajeshwar Prasad Singh Resident of Hajipur
Budha Colony, Adalbari, Hajipur, District- Vaishali, presently posted as In-
charge Headmaster in Upgraded Middle School, Semra, Sonpur, Block-
Sonpur, District- Saran.
10. Chandra Bhushan Prasad Son of Karm Nath Sah Resident of Village-
Hasanpur, Post Office- Rasulpur, Police Station- Nayagaon, District- Saran,
presently posted as In-charge Headmaster in Upgraded Middle School,
Rasulpur, Sonpur, Block- Sonpur, District- Saran.
11. Pankaj Kumar Son of Baijanath Singh Resident of Village- Ismailla, Post
Office- Govind Chak, Police Station- Sonpur, District- Saran, presently
posted as In-charge Headmaster in Primary School, Anusuchit Tolla, Govind
Chak, Sonpur, Block- Sonpur, District- Saran.
Patna High Court CWJC No.2891 of 2020(6) dt.18-02-2026
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12. Raghvendra Tripathi Son of Brahamdev Tripathi Resident of Adarsh Colony,
Road No. 1, Jaganpura, Patna, presently retired from the post of Assistant
Teacher from Upgraded Middle School, Jahangirpur, Sonpur, Block- Sonpur,
District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Mid day Meal Programme, Department of Education,
Government of Bihar, Patna.
3. The District Education Officer, Saran, Chapra.
4. The District Programme Officer (Mid day Meal Programme), Saran, Chapra.
5. The District Programme Officer (Establishment), Saran, Chapra.
6. The Block Education Officer, Sonpur Block, Saran, Chapra.
7. The Drawing and Disbursing Officer, Adarsh Keshav Kanya Middle School,
Sonpur, Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Narain Singh, Adv.
For the Respondent/s : Mr.Jitendra Kumar Roy1 (SC13)
For Mid Day Meal : Mr. Girijesh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 18-02-2026 Heard the parties concerned.
2. The present writ petition has been filed for the
following relief(s):-
"(i) To issue an appropriate writ,
order or direction including a writ in the
nature of certiorari for quashing the
impugned orders contained in letter no.
3360 dated 06.12.2019 and letter no. 3366
dated 06.12.2019 issued by the District
Programme Officer (Establishment) Saran
(Respondent 15 No. 5) contained in
Patna High Court CWJC No.2891 of 2020(6) dt.18-02-2026
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Annexure-and 15A to the extent they affect
the petitioners.
(ii) To issue an appropriate writ,
order or direction including a writ in the
nature of mandamus for direction to the
concerned authority not to give effect to the
impugned orders contained in Annexure-15
and 15A to the extent they affect the
petitioners during the pendency of the
instant writ petition and further the
concerned authority be directed that
whatever recovery has been made pursuant
to the impugned orders be refunded to the
petitioners.
(iii) To grant any other relief
/reliefs for which the petitioners are found
entitled for in view of the facts and
circumstances of the case."
3. At this stage, learned counsel for the petitioners
submits that the similar issues have been adjudicated by the Co-
ordinate Bench vide order dated 03.09.2024 passed in CWJC
No. 1776 of 2027 (Bihar Arajpatrit Prarambhik Shikshak
Sangh & Anr v. The State of Bihar Ors) and its analogous
cases and this matter may also be adjudicated in similar terms.
4. Learned counsel appearing for Mid Day Meal
Scheme and that of the State submit that the instant case may
Patna High Court CWJC No.2891 of 2020(6) dt.18-02-2026
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also be directed to be decided by the Director, Mid Day Meal
Scheme, Bihar, Patna in similar terms as has been done in the
case of Bihar Arajpatrit Prarambhik Shikshak Sangh ( supra).
5. Considering the submissions of the parties and the
nature of dispute, this writ petition stands disposed of in similar
terms as has been done in the aforementioned case by directing
the Director, Mid Day Meal Scheme, Bihar, Patna to pass final
orders by securing the physical or virtual presence of the
petitioners and after giving personal hearing to these petitioners,
the issues shall be adjudicated by passing a reasoned and
speaking order. Till final order is passed by the authority, there
shall be no recovery of the amount which has been sought to be
recovered from these petitioners.
6. The writ petition stands disposed of.
(Ajit Kumar, J)
perwez
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