IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.374 of 2005 Pramod Yadav, son of Ram Swaroop Yadav, Resident of village Kuntha, P.s. Shambhuganj, District Banka …… Petitioner Versus 1. The State Of Bihar. 2. The Director, Primary Education Bihar, Patna 3. The collector, Banka 4. The District Superintendent of Education, Banka 5. The Block Extension Education Officer, Shambhuganj, Banka …….. Respondents ----------- For the Petitioner : Mr. Indeshwari Pd. Mandal, Advocate For the State : Mr. Raghwendra Kr. Singh, AC to GA 3 ----- 4 21.07.2011 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 28.6.2003 as contained in Annexure 4, whereby the respondent no. 4 has passed order for up-gradation of Primary School, Chainpur ( Rajaun) and Primary School, Kamatpur (Shambhuganj) as Middle School and the earlier order passed for up-gradation of Primary School, Pardhari (Rajaun) and Primary School, Kuntha (Shambhuganj) has been cancelled. Learned counsel submitted that the said decision with regard to Primary School, Kuntha, has been 2 taken only upon a representation made by one Upendra Mandal, Member of Panchayat Samiti, and no reason has been assigned for coming to that decision which has been taken without any inquiry etc. However, a counter affidavit has been filed on behalf of the State and it has been clearly stated therein that upon a representation made by Sri Upendra Mandal, Member of Panchayat Samiti, Kamatpur, a meeting of Panchayat Samiti was held and the proposal for upgradation of Primary School, Kuntha has been withdrawn. After scrutiny the competent authority has found that the proposal of the Panchayat Samiti was as per the rule and the matter was sent to the District Magistrate for the approval and necessary order for canceling the up-gradation of Primary School, Kamatpur and upgradation of other primary school. It appears that though the petitioner has stated in paragraph no. 10 that he has moved before the higher authority by filing representation but neither any copy of such representation has been appended with the writ petition nor it had been mentioned as to 3 which higher authority the petitioner has ever approached. No rejoinder has also been filed by the petitioner to the counter affidavit of the State refuting the statements which have been made therein. In above view of the matter, since the petitioner has not been able to show that there was any illegality either in the recommendation of the Panchayat Samiti concerned or the order passed on the basis of such recommendation, I do not find any merit in this writ application and accordingly the same is dismissed. However, since several years have elapsed after passing of the order impugned, the present order would not come in way either of the petitioner to approach the competent authority for the purpose of upgradation of the school concerned or, for that matter, in way, of the authorities concerned in taking a fresh decision in accordance with law. Spd/- ( Dr. Ravi Ranjan, J.)