Patna High Court
Kamlesh Prasad YadawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted liberty to the petitioners to file fresh representations and directed the Director of Secondary Education to dispose of them within six months, without directly ordering the declaration of the school as a +2 Government School or the appointment of the petitioners.
Summary
A group of teachers petitioned the Patna High Court seeking a declaration that Rajkiya Yugal Sah Janjati Balika Uchch Vidhalay, Harnatand be recognized as a +2 Government School and for their absorption as government teachers in the Science, Arts and Commerce streams. They relied on a 2016 letter (No. 218) and requested the Court to direct the Director of Secondary Education, Government of Bihar, to dispose of their fresh representations within a fixed time. The State had no objection to the limited prayer. The Court, exercising its writ jurisdiction, granted the petitioners liberty to file fresh representations within one month and directed the Director to decide those representations within six months, after hearing the petitioners, and to issue a reasoned order. No substantive order declaring the school as a +2 Government School or appointing the petitioners was made. The writ application was disposed of with the above directions.
Issues considered
- Whether the Court can direct the Director of Secondary Education to declare a school as a +2 Government School and absorb the petitioners as government teachers.
- Whether the Court can impose a time‑frame for the disposal of administrative representations.
- Whether the petitioners have a legal right to be appointed as government teachers in the said school.
Subjects
- government school declaration
- appointment of teachers
- writ jurisdiction
- administrative direction
- representation
- education law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5646 of 2026
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1. Kamlesh Prasad Yadaw Son of Ramdhari Yadav, Resident of Chainpur
Patilar, P.S- Chautarwa, District- West Champaran.
2. Opalak Tiwari, Son of Ghanshyam Tiwari, Resident of Shashtrinagar, Ward
No. 13, P.S- Bagaha, District- West Champaran.
3. Arvind Kumar, Son of Ramji Prasad, Resident of Village- Dumra, P.S.-
Lauriya, District- West Champaran.
4. Sunil Kumar Soni, Son of Shankar Sah, Resident of Shashtrinagar, Ward No.
13, P.S. Bagaha, District- West Champaran.
5. Hardwar Ram, Son of Utim Ram, Resident of Village- Charghariya, Ward
No.8, Valmikinagar, Bhaisalotan, P.S. Valmikinagar, District- West
Champaran.
6. Raghunath Prasad Gupta, Son of Late Saral Sah, Resident of Village-
Matiariya, P.O. Harnatand, P.S. Naurangiya, District- West Champaran at
present resident of Malkauli Ward No.1, P.S. Pathkhauli, District- West
Champaran (Bihar).
7. Vishnu Kumar Jaiswal, Son of Lakshmisah, Resident of Harnatand, Ward
No. 06, P.S- Harnatand, District- West Champaran.
8. Bhola Kumar Jaiswal, Son of Laxmi Sah, Resident of Village- Harnatand,
P.S- Harnatand, District- West Champaran.
9. Jaishankar Prasad Singh, Son of Shree Ramchandra Prasad Singh Resident
of 145 E, Patel Colony, Sandalpur Road, P.O.- Mahendru, P.S.- Mahendru,
District- Patna.
10. Manoranjan Kumar Tiwari, Son of Sidhinath Tiwari Resident of Hariwatika
Pokhra, P.S.- Bettiah, District- West Champaran, Pin- 845438.
11. Ritesh Kumar, Son of Nathuni Thakurai Resident of Village-
Bisambharapur, P.S.- Bhairoganj, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Bihar, Patna.
2. The Director, Secondary Education, Government of Bihar, Patna.
3. The Deputy Development Commissioner, West Champaran.
4. The District Education Officer, West Champaran.
5. Lakshmi Kant Kazi, the Principal-in-Charge, Rajkiya Yugal Sah Janjati plus
2 School Harnatand, Bagaha-2, District- West Champaran.
6. Smt. Sumitra Devi, the Secretary, School Managing Committee, Rajkiya
Yugal Sah Janjati plus 2 School Harnatand, Bagaha-2, District- West
Champaran (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Sharma
Patna High Court CWJC No.5646 of 2026(2) dt.28-04-2026
2/3
For the Respondent/s : Mr.Government Pleader (11)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioners and learned
counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. From the submissions made by learned counsel for the
petitioners, it appears that the petitioners want the respondents to
declare Rajkiya Yugal Sah Janjati Balika Uchch Vidhalay
Harnatand, West Champaran as +2 Government School and to
absorb the services of the petitioners as government Teachers in
Science, Arts and Commerce Class + 2 stream in light of letter no.
218 dated 19.10.2016(Annexure-2).
4. After advancing some argument, learned counsel for
the petitioners submits that for seeking the above relief, the
petitioners are prepared to file fresh representations before the
Director, Secondary Education, Government of Bihar, Patna
(respondent no. 2) and prays that an appropriate direction be issued
to the Director, Secondary Education, Government of Bihar, Patna
(respondent no. 2) to dispose of the representations of the petitioners
within a fixed time frame, after giving an opportunity of hearing to
the petitioners.
5. To the aforesaid submission being made by learned
counsel for the petitioners, learned counsel appearing for the
Patna High Court CWJC No.5646 of 2026(2) dt.28-04-2026
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respondent-State does not have any objection.
6. Considering the limited nature of prayer being made
by learned counsel for the petitioners, this writ application is
disposed of granting liberty to the petitioners to file a fresh
representation before the Director, Secondary Education,
Government of Bihar, Patna (respondent no. 2) within one month
from the date of this order and if seperate representations are filed
by the petitioners within the stipulated time, the same shall be
disposed of within a period of six months from the date of receipt of
the representations, after giving an opportunity of hearing to the
petitioners.
7. Needless to emphasize that the final order which shall
be passed on the representations by the Director, Secondary
Education, Government of Bihar, Patna (respondent no. 2) should be
a reasoned and speaking order.
8. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kundan/-
U
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