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Patna High Court

Anusuchit Jaati (Mahadalit) Vikash Madhya VidyalayaversusThe State Of Bihar

Decided
Disposal
DISPOSED

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/-

U


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