IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11682 of 2004 SHYAM CHANDRA YADAV S/O LATE AWADH YADAV R/O VILL- RANI KHAIRA PS- MINAPUR, DISTT- MUZAFFARPUR ------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR 3. THE DISTIRCT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 4. THE BLOCK EDUCATION EXTENSION OFFICER, MINAPUR BLOCK, MUZAFFARPUR 5. THE OFFICER ON SPECIAL DUTY, BIHAR EDUCATION PROJECT RAM BAGH MUZAFFARPUR ----------- 4 5.8.2010 Heard learned counsel for the parties. Petitioner was aggrieved by inclusion of the name of Primary School, Shital Patti in the list of upgradation to the Middle School at the cost of Rani Khaira Primary School in the background that Panchayat Samiti has categorically resolved for upgradation of Rani Khaira School and not Shital Patti School. Both the schools are located in the district of Muzaffarpur in Minapur Block. After the filing of the writ application a counter affidavit has come to be filed where a verification with regard to the complaint was made and it has emerged that the Block Development Officer, Minapur had made a wrong recommendation by including the name of Primary School, Shital Patti instead of Rani Khaira. A letter dated 29.4.2005 written by District Superintendent of Education, Muzaffarpur addressed to the Commissioner-cum-Secretary, Primary and Adult Education, Government of Bihar has been brought on record in the counter affidavit certifying that position. Letter no. is 266. Both learned counsel for the petitioner and learned - 2 - counsel for the State are not aware as to the present status of outcome of such a communication with regard to the final decision of upgradation which in any way have to be done on the prescribed parameter laid down by the State which would be evident from annexure-A to the counter affidavit. In case no decision has been taken with regard to the communication contained in letter no.266 dated 29.4. 2005, the Commissioner, Primary Education, Government of Bihar would be well advised to communicate the final outcome on the exercise carried out earlier, if not done already. This writ application is disposed of with a direction that the decision in this regard would be taken, if not already taken, within a reasonable time frame. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)