Patna High Court
Krishna Deo KishanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The order dated 5 October 2023 is modified to direct the Director of Public Education (Jan Shiksha) to dispose of the petitioner's representation within three months.
Summary
The petitioner, Krishna Deo Kishan, filed a writ petition challenging the delay in disposing of his representation under the Saksharta Mission. The High Court had earlier, on 5 October 2023, directed that his representation be considered within a reasonable time. The State Project Director of the Bihar Education Project Council filed a modification application seeking clarification that the Director of Public Education (Jan Shiksha) should be the authority to dispose of the representation. The court held that the earlier order should be modified to specifically direct the Director (Respondent No. 3) to dispose of the representation within three months. Consequently, the modification application and the original writ application were both disposed of.
Issues considered
- Whether the Director of Public Education (Jan Shiksha) should be directed to dispose of the petitioner's representation within a specified time
- Whether the earlier order dated 5 October 2023 requires modification to clarify the responsible authority and time‑frame
Subjects
- modification of order
- representation disposal
- education department
- Saksharta Mission
- Jan Shiksha
- reasonable time
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.199 of 2024
In
Civil Writ Jurisdiction Case No.12308 of 2022
======================================================
Krishna Deo Kishan S/o Anuplal Yadav, resident of Moh-Gamraho, Ward No.
-7, Maina Gram, Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri K. K. Pathak, The Principal Secretary,
Education Department, Bihar, Patna.
2. Shri K. K. Pathak, The Principal Secretary, Education Deptt, Govt. of Bihar,
Patna.
3. Shri Sanjay Singh, The Director Public Education (Jan Shiksha) cum
Additional Secretary, Education Deptt, Bihar, Patna.
4. Shri Anil Kumar, The District Education Officer, Saharsa.
5. Shri Rajnish Kumar Jha, The District Programme Officer (Saksharta),
Saharsa.
6. Shri Vaibhav Kumar Chaudhary, The District Magistrate, Saharsa.
7. Shri B. Kartikey Dhanji, The State Project Director, Bihar Education Project
Council, Shiksha Bhawan, Rashtra Bhasa Parishad, Saidpur, Rajendra
Nagar, Patna-800004.
... ... Opposite Party/s
======================================================
with
Miscellaneous Jurisdiction Case No. 2085 of 2024
In
Civil Writ Jurisdiction Case No.12308 of 2022
======================================================
The State Project Director, Bihar Education Project Council Shiksha Bhawan,
Rashtra Bhasa Parishad, Saidpur, Rajendra Nagar, Patna- 800004.
... ... Petitioner/s
Versus
1. Krishna Deo Kishan S/o Anuplal Yadav Resident of Moh.- Gamraho, Ward
No.- 7, Maina Gram, Saharsa.
2. The State of Bihar, through the Principal Secretary, Education Department,
Bihar, Patna.
3. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director, Public Education (Jan Shiksha)-cum-Additional Secretary,
Education Department, Bihar, Patna.
5. The District Education Officer, Saharsa.
6. The District Programme Officer (Saksharta), Saharsa.
7. The District Magistrate, Saharsa.
Patna High Court MJC No.199 of 2024(6) dt.09-01-2026
2/3
... ... Opposite Party/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 199 of 2024)
For the Petitioner/s : Mr. Prashant Kashyap, Advocate
For the State : Mr. Standing Counsel 28
For the BEPC : Mr. Girijish Kumar, Advocate
(In Miscellaneous Jurisdiction Case No. 2085 of 2024)
For the Petitioner/s : Mr. Girijish Kumar, Advocate
For the State : Ms. Binita Singh, SC-28
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 09-01-2026 The present modification application, M.J.C. No.
2085 of 2024, has been filed by the State Project Director, Bihar
Education Project Council, for modification of the order dated
05.10.2023, passed by this Court in C.W.J.C. No. 12308 of
2022, to the extent by which this Court directed the petitioner to
consider the representation of the writ petitioner in accordance
with law within a reasonable time.
2. Learned counsel for the petitioner submits that the
petitioner is working under the Saksharta Mission, not under the
Sarva Shiksha Pariyojana, which is being run by the Bihar
Education Project Council. Saksharta Mission, Bihar is being
run by Jan Shiksha Directorate of the Education Department i.e.,
Respondent No. 4, who is the Respondent No. 3 in the writ
application.
3. Accordingly, the submission is that direction may
be given to the Director, Public Education (Jan Shiksha)-Cum-
Patna High Court MJC No.199 of 2024(6) dt.09-01-2026
3/3
Additional Secretary, Education Department, Bihar, i.e.,
Respondent No. 3, to dispose of the representation of the
petitioner, which has already been filed by the petitioner before
the Director, Jan Shiksha, in the writ petition.
4. Accordingly, the order dated 05.10.2023 is
modified to the extent that the Director, Respondent No. 3 of the
writ petition, i.e., the Director of Public Education (Jan
Shiksha)-cum-Additional Secretary, Education Department,
Bihar, Patna, shall dispose of the representation of the petitioner
within a period of three months.
5. Accordingly, with the aforesaid observation and
direction, both these applications stand disposed of.
(Anil Kumar Sinha, J)
Siwani/-
U
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