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Patna High Court

The State Project Director, Bihar Education Project CouncilversusKrishna Deo Kishan

Decided
Disposal
DISPOSED

Holding

The order is modified directing 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 handling of his representation under the Saksharta Mission. The High Court had earlier directed that his representation be considered within a reasonable time. The State Project Director of the Bihar Education Project Council applied for modification of that order, arguing that the petitioner’s work falls under the Jan Shiksha Directorate, not the Sarva Shiksha Pariyojana. The Court held that the Director of Public Education (Jan Shiksha) should dispose of the representation within three months. Consequently, the order dated 5 October 2023 was modified accordingly and both the original writ application and the modification application were disposed of.

Issues considered

  • Whether the direction to consider the petitioner’s representation should be exercised by the Jan Shiksha Directorate or the Bihar Education Project Council.
  • Whether the original order dated 5 October 2023 requires modification to specify a time‑frame for disposal.

Subjects

  • modification of order
  • representation
  • education department
  • writ petition
  • reasonable time
  • Saksharta Mission
  • Sarva Shiksha Pariyojana
  • jurisdiction

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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