Patna High Court
Anusuchit Jaati (Mahadalit) Vikash Madhya VidyalayaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court ordered the District Programme Officer to dispose of the pending representation within four months, after hearing, and to pass a reasoned order, with any entitlement to relief to be implemented within three months thereafter.
Summary
The headmaster of Anusuchit Jaati (Mahadalit) Vikash Madhya Vidyalaya filed a writ seeking a mandamus directing the State of Bihar to recognize the school under the Right of Children to Free and Compulsory Education Act, 2010 and to continue grant‑in‑aid. He alleged that a representation filed on 18 June 2019 with the District Programme Officer remained pending. The State did not oppose the limited prayer. The Court, with the parties’ consent, disposed of the writ by ordering the District Programme Officer to dispose of the pending representation within four months after giving the petitioner a hearing and to pass a reasoned order. If the petitioner is found entitled to the relief sought, the Court directed that such relief be implemented within three months of the final order. The writ application was thus disposed with procedural directions.
Issues considered
- Whether the High Court can issue a mandamus directing the District Programme Officer to dispose of a pending representation within a specified time‑frame.
- Whether the petitioner is entitled to recognition under the Right of Children to Free and Compulsory Education Act, 2010 and continuation of grant‑in‑aid (substantive issue left for the District Programme Officer).
Subjects
- Right to Education
- Mahadalit school
- grant-in-aid
- mandamus
- writ jurisdiction
- procedural direction
- education
- Scheduled Castes
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4409 of 2024
======================================================
Anusuchit Jaati (Mahadalit) Vikash Madhya Vidyalaya Kachara, Gaya
through its Head Master Suresh Prasad, about- 67 years, Gender, Male, Son of
Late Hardish Mahto, Resident of Village- Pasiya, P.S.- Atari, District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Secretary, Scheduled Castes and Scheduled Tribes, Welfare Department,
Government of Bihar, Patna.
3. The Director (Primary Education), Education Department, Government of
Bihar, Patna.
4. The Director, Bihar Mahadalit Vikash Mission, 5th Floor, Urban
Development Bank, Buddha Marg, Patna.
5. The District Officer and Collector, Gaya.
6. The District Education Officer, Gaya.
7. The District Welfare Officer, Gaya.
8. The District Programme Officer, Prathmik Shiksha Awam Sarva Shiksha
Abhiyan, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar, Advocate
Ms. Pratima Kumari, Advocate
For the Respondent/s : Mr. Ramadhar Singh, Government Pleader (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the respondent-State.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for grant of following relief :-
“1. (A.) For issuance a writ in the nature of
mandamus commanding the respondents concerned to
recognize and take over the Anusuchit Jaati (Mahadalit)
Vikash Madhya Vidyalaya, Kachara, P.S. Atari, District-
Gaya under scheme of the Right of Children to Free and
Patna High Court CWJC No.4409 of 2024(3) dt.18-02-2026
2/3
Compulsory Education Act,2010.
(B) For further directing the respondent
concerned to continue payment of Grant-in-Aid to the
school for survival of the school.
(C) For grant of any other relief/s which Your
Lordships deem fit and proper in the facts and
circumstances of the instant Case.
4. After advancing some argument, learned counsel for
the petitioner submits that for the aforesaid relief claimed in the
present writ application, the petitioner has already filed a
representation dated 18.06.2019 (Annexure-P/3) before the District
Programme Officer, Prathamik Shiksha Awam Sarva Shiksha
Abhiyan, Gaya (respondent No.8) but till date the same has not
been disposed of by the District Programme Officer, Prathamik
Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8).
He accordingly prays that the petitioner would be satisfied if an
appropriate direction could be issued by this Court for disposing
of the pending representation of the petitioner after giving an
opportunity of hearing to the petitioner, within a fixed time frame.
5. To the aforesaid submissions made by learned counsel
for the petitioner, learned counsel appearing on behalf of the
respondent-State do not have any objection.
6. Considering the limited nature of prayer being made
by learned counsel for the petitioner, this writ application stands
disposed of directing the District Programme Officer, Prathamik
Patna High Court CWJC No.4409 of 2024(3) dt.18-02-2026
3/3
Shiksha Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8) to
dispose of the pending representation of the petitioner dated
18.06.2019 (Annexure-P/3) within a period of four months from
the date of receipt / production of a copy of this order after giving
an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which shall
be passed by the District Programme Officer, Prathamik Shiksha
Awam Sarva Shiksha Abhiyan, Gaya (respondent No.8) should be
reasoned and speaking order.
8. It is further made clear that in case the petitioner is
found entitled to the relief which the petitioner has claimed in his
pending representation dated 18.06.2019, the same should be
extended to the petitioner within a further period of three months
from the date of passing of the final order by the respondent No.8.
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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