Patna High Court
Krishna Mohan Choudhary,versusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Employees of an outsourcing agency cannot directly challenge a governmental order terminating the agency’s contract; the petitioners must seek redress against the agency itself.
Summary
The petitioners, appointed as Block Resource Persons (BRPs) under the Sarva Shiksha Abhiyan through a private outsourcing agency (M/s Spardy Pvt. Ltd.), challenged a government memo dated 28‑02‑2025 that directed the cessation of their services after 31‑03‑2025. They sought a setting aside of the memo and a direction to continue their engagement until the scheme ends or regular appointments are made. The State argued that the petitioners were not employees of the government but of the outsourcing agency, and their contracts terminated when the agency’s services were discontinued. The Court noted that the impugned memo was addressed to the outsourcing agency, not to the individual petitioners, and that any challenge to the memo must be made by the agency itself. Consequently, the Court held that the petitioners lack locus standi to contest the order and may only pursue remedies against the agency. The writ petition was therefore disposed of, granting the petitioners liberty to sue the outsourcing agency if the agency’s own writ petition is decided in their favour.
Issues considered
- Can employees of an outsourcing agency directly challenge a governmental order terminating the agency's contract under a public education scheme?
- Does the memo directing non‑continuation of BRP services violate any statutory or contractual rights of the individual petitioners?
- What is the appropriate remedy for petitioners whose contracts are terminated due to the agency's contract termination?
Subjects
- outsourcing
- contract termination
- Sarva Shiksha Abhiyan
- Block Resource Person
- public procurement
- locus standi
- writ petition
- employment law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7139 of 2025
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1. Krishna Mohan Choudhary, S/o- Mrigendra Chaudhary, R/O- Village
Panchobh, P.O- Panchobh, P.S- Bishanpur, District- Darbhanga.
2. Subhash Kumar Choudhary, S/o- Mrigendra Choudhary, R/O- Village
Panchobh, P.O- Panchobh, P.S-Bishnpur, District - Darbhanga.
3. Ravi Ranjan Kumar, S/o- Ravi Shankar Mahto, R/o- Village- Urdu Bazar,
P.O.- Lalbagh and P.S.-Laheriyasarai, District- Darbhanga.
4. Avinash Anand, S/o- Mohan Yadav, R/o- Village Bidhipur, P.O-
Bhandarisham, P.S- Manigachhi, District- Darbhanga.
5. Puja Kumari, W/o- Raman Kumar Jha, R/o- Ward No. 46, Village Kabilpur
Babu Saheb Colony, P.O- Laheriasarai, P.S- Bahadurpur, District-
Darbhanga.
6. Md. Shabbeer, S/o- Md. Yakub, R/O-Village Nirpur Bhararia, P.O- Nirpur
Bhararia, P.S- Singhia, District Samastipur.
7. Amit Kumar, S/o- Gourishankar Prasad Vishwakarma, R/o- Belashankar,
P.O- Belashankar, P.S-Roshan Chowk, District- Darbhanga.
8. Krishna Mohan Yadav @ Krishan Mohan Yadav, S/o- Nandkishor Yadav,
R/o-Ward 5, Taralahi, P.O- Taralahi, P.S- Bahadurpur, District- Darbhanga.
9. Nisha Kumari, D/o- Harimohan Jha, R/o- Village Korthu, P.O- Korthu, P.S-
Ghanshyampur, District- Darbhanga.
10. Devrat Kumar, S/o Jagdeo Paswan, P.O- Korthu, P.S.- Ghanshyampur,
District- Darbhanga.
11. Tabrej Alam, S/o Kitabuddin Abnsari, R/o- Dhanchhuha, P.O- Maharajganj,
P.S- Maharajganj. District- Siwan.
12. Shubham Kumar, S/o- Dilip Jha, P.O -Bharwara, P.S- Singhwara, District-
Darbhanga.
13. Md. Tauqeer Alam, S/o Md. Wakeel Ahmad, P.S.- Ghanshyampur, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The Union of India through Secretary (School Education and Literacy),
Government of India, New Delhi.
2. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Additional Secretary, Education Department, Government of Bihar,
Patna.
5. The Administrative Officer, Bihar Education Project Council, Shiksha
Bhawan, Rastra Bhasha Parsishad Campus, Saidpur Rajendra Nagar Patna.
Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026
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6. The Director Administration-cum-Additional Secretary, Education
Department, Bihar, Patna.
7. The District Magistrate, Darbhanga, District- Darbhanga.
8. The District Programme Officer-Cum-Primary Education and Sarva Shiksha
Abhiyan, Bihar Education Project Council, Darbhanga, District- Darbhanga.
9. The District Education Officer, Darbhanga, District- Darbhanga.
10. The Block Development Officer, Hanumannagar, District- Darbhanga.
11. The Block Development Officer, Keoti, District- Darbhanga.
12. The Block Development Officer, Bahadurpur, District- Darbhanga.
13. The Block Development Officer, Singhwara, District- Darbhanga
14. The Block Development Officer, Kusheshwarsthan, District- Darbhanga.
15. The Block Development Officer, Kusheshwarsthan (East), District-
Darbhanga.
16. The Block Development Officer, Tardih, District- Darbhanga.
17. The Block Development Officer, Alinagar, District- Darbhanga.
18. The Block Development Officer, Manigaachhi, District- Darbhanga.
19. The Block Development Officer, Benipur, District- Darbhanga.
20. The Block Development Officer, Darbhanga Sadar, District- Darbhanga.
21. The Block Development Officer, Hayaghat, District- Darbhanga.
22. The Block Development Officer, Baheri, District- Darbhanga.
23. The Block Development Officer, Biraul, District- Darbhanga.
24. The Block Development Officer, aley, District- Darbhanga.
25. The Block Development Officer, Ghanshyampur, District- Darbhanga.
26. The Block Development Officer, Gourabauram, District- Darbhanga.
27. The Block Development Officer, Kiratpur, District- Darbhanga.
28. The Block Development Officer, Darbhanga Nagar, District- Darbhanga.
29. The Block Education Officer, Hanumannagar, District- Darbhanga.
30. The Block Education Officer, Keoti, District- Darbhanga.
31. The Block Education Officer, Bahadurpur, District- Darbhanga.
32. The Block Education Officer, Singhwara, District- Darbhanga.
33. The Block Education Officer, Kusheshwarsthan, District- Darbhanga.
34. The Block Education Officer, Kusheshwarsthan (East), District- Darbhanga.
35. The Block Education Officer, Tardih, District- Darbhanga.
36. The Block Education Officer, Alinagar, District- Darbhanga.
37. The Block Education Officer, Manigaachhi, District- Darbhanga.
38. The Block Education Officer, Benipur, District- Darbhanga.
39. The Block Education Officer, Darbhanga Sadar, District- Darbhanga.
40. The Block Education Officer, Hayaghat, District- Darbhanga.
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41. The Block Education Officer, Baheri, District- Darbhanga.
42. The Block Education Officer, Biraul, District- Darbhanga.
43. The Block Education Officer, Jaley, District- Darbhanga.
44. The Block Education Officer, Ghanshyampur, District- Darbhanga.
45. The Block Education Officer, Gourabauram, District- Darbhanga.
46. The Block Education Officer, Kiratpur, District- Darbhanga.
47. The Block Education Officer, Darbhanga Nagar, District- Darbhanga.
48. M/S Spardy Pvt. Ltd., Office Address at Naseeb Lal Market, Khagaul Road,
Anisabad, Patna, Bihar- 02.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Lakshmi Kumari, Advocate
Mr. Rajnish Prakash, Advocate
For the State : Mr. SC-6
For the BEPC : Mr. Girijish Kumar, Advocate
Mr. Akash Anand, Advocate
For the UOI : Mrs. Priya Gupta, Central Govt. Counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioners, learned
counsel for the State, learned counsel for the Bihar Education
Project Council (hereinafter referred to as ‘BEPC’) and learned
counsel for the Union of India.
2. The present writ petition has been filed for the
following reliefs:-
(i) For setting aside order
Contained in Memo No.-415 dated
28.02.2025 to the extent it relates to M/s
Spardy Pvt. Ltd., Patna whereby the
direction has been issued not to take services
of B.R.P.s (Block resource person) after
31.03.2025.
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(ii) For issuance of direction to the
respondent's authorities to continue to take
services of the petitioners as Block resource
persons in their respective Blocks even after
31.03.2025 till the Sarva Shiksha Abhiyaan
scheme is in existence and until regular
appointment on the post of BRPs is made.
(iii) For any other relief or reliefs /
interim relief as your honor may deem fit
and proper.
3. Learned counsel for the petitioners submits that the
appointment of the petitioners took place under the Sarva
Shiksha Abhiyan Scheme of the Central Government, under
which major funds are provided by the Central Government for
the purpose of providing basic primary education to children of
all sections of society. Counsel further submits that the
Government of Bihar, under the said scheme, has been acting in
accordance with the Central Government’s guidelines but later
decided to engage private agencies for providing different kinds
of services under the District Project Management Scheme and
Block Project Management Scheme. In this connection, a NIT
bearing No. Professionals/Educations/2023/01, dated
21.06.2023, was issued, by which 18 agencies were empaneled.
4. Counsel further submits that the petitioners are
individuals who were selected by the agencies to provide the
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services. Counsel further submits that the petitioners were
selected through the agency, namely, private respondent No. 48
of the present writ petition, but their service conditions are
governed by Government policy. The order impugned is
annexed as Annexure P/8, which is a memo communicated to
the agency vide Memo No. 415, dated 28.02.2025. Counsel
further submits that, on the one hand, the services of the
petitioners have been terminated, but on the other hand, vide
letter dated 03.03.2025 (Annexure P/9), internal correspondence
was made by the Director-cum-Additional Secretary, Education
Department, to all District Education Officers regarding the
consideration and need for engaging the services of the
petitioners and similarly placed persons. Therefore, counsel
submits that notice be issued to private respondent No. 48, and
the writ petition of the petitioners be entertained, directing
counter-affidavits from the Bihar Education Project Council as
well as the State Government.
5. Counsel also submits that a writ petition has been
filed by the outsourcing agency before this Court, bearing
CWJC No. 4323 of 2025, which is pending for adjudication.
6. Learned counsel for the State submits that the
counter-affidavit has already been filed. In the counter-affidavit,
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the stand taken by the State is that the petitioners were engaged
through an outsourcing agency and were not directly appointed
by the State. When the authority concerned decided not to
continue work with the said agency, their contracts were
consequently terminated.
7. Learned counsel for the Administrative Officer,
Bihar Education Project Council (respondent No. 5), submits
that the issue involved in the present writ petition has already
been decided by this Court vide Judgment dated 25.03.2025 in
CWJC No. 4556 of 2025. Counsel further submits that, since the
petitioner was an employee of the outsourcing agency and not of
the State, the contract contains a specific condition that if the
project is terminated due to unavoidable circumstances, the
contract will come to an end with immediate effect.
8. In light of the submissions made above, it
transpires to this Court that the petitioners were appointed for
the completion of various schemes under the Sarva Shiksha
Abhiyan. It has been decided that, after 31.03.2025, services
from the outsourcing agency shall not be continued. It is only
due to this reason that the petitioners have become aggrieved.
9. It also transpires to this Court, from the record, that
the impugned letter has been issued to the outsourcing agency
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and not to the petitioners. The outsourcing agency may have the
right to challenge the same, but not the petitioners. Therefore,
this Court is of the firm view that employees of the outsourcing
agency shall not challenge the impugned order.
10. Accordingly, the present writ petition stands
disposed of, granting liberty to the petitioners to sue against the
outsourcing agency who appointed them, in case the writ
petition, filed by the outsourcing agency, is decided in their
favor.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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