Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted liberty to challenge the District Education Officer’s order and disposed of the contempt petition.
Summary
Avinash Kumar filed a petition seeking initiation of contempt proceedings against several officials of the Bihar Education Department for allegedly refusing to comply with a July 1, 2019 order of the Patna High Court in CWJC No.12947 of 2019. The petition was heard on March 11, 2026, and a show‑cause notice was issued to the District Program Officer. The State counsel challenged the petition by referring to a memo dated June 8, 2020 issued by the District Education Officer, which rejected the petitioner’s claim. The court granted the petitioner liberty to contest that memo and consequently disposed of the contempt petition. The order effectively halted the contempt proceedings pending further challenge of the District Education Officer’s decision.
Issues considered
- Whether contempt proceedings can be initiated for wilful non‑compliance of the July 1, 2019 High Court order.
- Whether the order of the District Education Officer dated June 8, 2020, rejecting the petitioner’s claim, can be challenged within the contempt petition.
Subjects
- contempt of court
- civil writ jurisdiction
- order compliance
- education department
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.746 of 2020
In
Civil Writ Jurisdiction Case No.12947 of 2019
======================================================
Avinash Kumar S/o Late Sudhir Kumar, Resident of Village-Bazitpur, P.O.
and P.S.-Barh, District Patna, State-Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. R.K. Mahajan, Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. Mr. Satish Chandra Jha, The Special Secretary, Education Department, Govt.
of Bihar, Patna.
3. Dr. Ranjeet Kumar, The Director Primary Education, Govt. of Bihar, Patna.
4. Mr. Ravi Kumar, The District Magistrate, Patna, Bihar.
5. Mr. Joty Kumar, The District Education Officer, Patna.
6. Mr. Keshav Prasad, The District Program Officer, District-Patna.
7. Mr. Arbind Kumar The Block Education Officer, Barh, District-Patna.
8. Smt. Manju Kumari, the Headmistress, Middle School Jamnichak, Barh,
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mr. Kameshwar Kumar, GP-17
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
against the opposite parties/contemnors who are
willfully and deliberately not complying the
order dated 01.07.2019 passed by the Hon’ble
Court in CWJC No. 12947 of 2019.”
Patna High Court MJC No.746 of 2020(2) dt.11-03-2026
2/2
3. A show cause has come on behalf of the opposite
party no.6 and learned State counsel has taken this Court to the
order passed by the District Education Officer, Patna
communicated vide memo no. 1608 dated 08.06.2020 by which
the claim of the petitioner has been rejected.
4. Granting liberty to challenge the said order, the
MJC No. 746 of 2020 is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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