IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11767 of 2008 1) Salamat Hussain, son of Mir Mohammad, 2) Md. Ainul Haque, son of Md. Salim, both of Majhawalia, PS Marhaura, District Saran – Petitioners. Vs. 1) The State of Bihar through the Secretary, Human Resources Dev. Department, Bihar, Patna. 2) The Dist. Magistrate, Saran. 3) The Dist. Supdt. Of Education, Saran. 4) The B.D.O., Mahraura block, Dist. Saran. 5) The Block Education Extension Officer, Marhaura, Dist. Saran. 6) The Primary School Adalpatti, PS Marhaura, Dist. Saran through its Secretary – Respondents. 3 26.9.2011 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by the fact that Primary School, Majhaulia Urdu has not been considered for the purpose of up gradation to a middle school. The name of the petitioners’ school was recommended by the Block Education Extension Officer (at present Block Education Officer) vide letter no. 110, dated 2.4.2008. Vide letter no. 589, dated 12.4.2008 contained in Annexure 2 the Block Development Officer, Marhaura has up graded eight schools excluding the petitioners’ school but included the name of Primary School, Adalpatti which was not recommended by the Block Education Officer. The matter is being remanded to the District Magistrate, Saran who will consider whether it was justifiable for the Block Development Officer to include the name of a school which was not recommended. While doing so notice may be sent to the Primary School, Adalpatti. The petitioners may produced a copy of this order 2 within one month along with a representation and all the documents so that the matter can be disposed of within four months thereafter. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J .)