Patna High Court

Ram Bahadur Prasad,versusState of Bihar

Decided: 5 February 2026
Disposal: DISMISSED
Bench: HARISH KUMAR

Holding

The court held that the school does not meet the required criteria for upgradation and there is no ground for judicial interference, thus dismissing the petition.

Summary

The petitioner, a resident of Chhota Jhaua, filed a writ petition seeking a court direction to upgrade the local middle school to a high school, claiming the school met all criteria and land was available. The State responded with a counter affidavit stating that the government’s criteria require at least 0.75 acre of land, of which 40 decimal must be vacant, and that a verification report found insufficient land for the upgrade. The report also noted that another school in the same panchayat had already been upgraded, further limiting available resources. The court examined the counter affidavit and the verification report, concluding that the school did not satisfy the statutory and policy requirements for upgradation. Consequently, the court found no basis to interfere with the administrative decision and dismissed the writ petition.

Issues considered

Whether the petitioner is entitled to a judicial direction for the upgradation of the middle school to a high school under the applicable education policy and land criteria.
Whether the High Court can intervene in the administrative decision of the State Education Department regarding school upgradation.

Subjects

school upgradation
writ petition
administrative law
education policy
land requirement
high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9874 of 2021
     ======================================================
     Ram Bahadur Prasad, S/o Late Devki Ray, R/o Village-Chhota Jhaua, Police
     Station-Awatarnagar, District-Saran (Chapra).

                                                              ... ... Petitioner/s
                                          Versus

1.   State of Bihar through the Principal Secretary, HRD Department, Bihar,
     Patna.
2.   The District Magistrate, Saran, Chapra.
3.   The Sub-Divisional Officer, Sadar, Saran, Chapra.
4.   The DCLR, Sadar, Chapra.
5.   The District Education Officer, Saran, Chapra.
6.   The District Programme Officer, Samagra Shikha, Saran, Chapra.
7.   The Circle Officer, Garkha, Saran.
8.   The Mukhiya, Gram Panchayat Raj, Panchpatiya, Deoriya.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :
     For the Respondent/s   :
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 05-02-2026
             The petitioner has approached this Court seeking a

      direction upon the respondents to upgrade the Middle School,

      Chhot Jhauan to High School since the school is fulfilling all

      criteria to be upgraded and the land for above stated purpose is

      already available, besides there is recommendation for transfer

      of the Government land for construction of the building of the

      School in question.

               2. To examine the claim of the petitioner, this Court had

      earlier directed the concerned respondents to ensure filing of the
Patna High Court CWJC No.9874 of 2021 dt.05-02-2026
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         counter affidavit and apprise this Court with regard to the

         position of the School in question.

                  3. Learned Advocate for the State referring to the

         counter affidavit submits that besides the fact the petitioner

         being the villager, filed the present writ petition for upgradation

         of the School in question, the Government has fixed the criteria

         for upgradation of the Middle School to High School. A school

         must have a minimum of 0.75 acre land for development of

         basic structure of the High School out of which at least 40

         decimal must be of vacant land. Subsequent thereto, the District

         Programme Officer vide its letter No. 1122 dated 30.04.2025

         directed the Block Education Officer, Garkha to submit a

         detailed report       after making proper verification. The Block

         Education Officer submitted a report that there is no sufficient

         land available for upgradation of the present Middle School.

         Moreover,        previously       one        upgraded   Middle   School,

         Panchpatiya has already been upgraded into the High School in

         the same Panchayat. Thus considering the afore noted factual

         position as also the enquiry report dated 10.05.2025, the District

         Programme Officer denied for upgradation of the Middle

         School, Chhot Jhaua to the High School, Chhot Jhaua.

                  4. Having considered the submissions advanced and the
             Patna High Court CWJC No.9874 of 2021 dt.05-02-2026
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                      materials available in the counter affidavit, especially the

                      enquiry report which, prima facie, suggests that the school in

                      question does not fulfill the requisite criteria for upgradation

                      from Middle School to the High School, besides it the policy

                      decision of the State Government, this Court does not find any

                      reason or occasion to interfere in the present writ petition.

                      Accordingly, the present writ petition stands dismissed.




                                                  (Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date           06.02.2026
Transmission Date

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