IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13833 of 2009 SHRI KRISHNA OJHA PROJECT GIRL Versus THE STATE OF BIHAR & ORS ----------- 2/ 03/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 22.9.2009 of the District Education Officer, Siwan stating that the petitioner institution did not come within the category of a project school and it ceased to be as such since 1996. It refers to a letter of the Director (Secondary Education) dated 17.9.2009. The letter dated 17.9.2009 is not on record and, therefore, this Court does not have the benefit of perusing the same. Learned counsel for the petitioner makes a limited submission that the District Magistrate on 2.7.2007 after inspection of the institution had recommended the institution for categorization as a project school. Additionally, the District Education Officer, Siwan by his letter dated 17.7.2007 had approved the identification of the institution as a project school and on 11.7.2008 the Block Education Extension Officer, had given certain directions with regard to operation of the Mid Day Meal Schemes in the institution as a project school. Prima facie, the order dated 22.9.2009 does not 2 deal with annexures- 8, 9 and 10, as referred to above. In absence of any discussion in the impugned order with regard to the letter of the Director dated 17.9.2009, this Court finds it difficult to finally adjudicate the issues of fact without a counter affidavit. No useful purpose is going to be served by keeping the writ application pending at this stage when issues appear to be primarily administrative in nature. The matter is referred to the Director (Secondary Education), Bihar to examine matters in light of the discussions as aforesaid and any other material that may be officially available with him after opportunity to meet the same and then pass a reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order before him so that the interest of the students of the institution is not prejudiced in any manner. All issues with regard to registration of students of the institution, filling up of the forms etc. for the ensuing matriculation examination shall appropriately be considered by the Director also in the aforesaid light. KC ( Navin Sinha, J.)