IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1338 of 2005 VINOD KUMAR PRASAD SON OF LATENAKCHEDI PRASAD, RESIDENT OF VILLAGE- AMARPUR, POLICE STATION DHANSOI IN THE DISTRICT OF BUXAR ---- PETITIONER. Versus 1. .THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF SECONDRY, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, VIKAS BHAWAN, BAILY ROAD, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIATE, VIKAS BHAWAN, BAILY ROAD, PATNA.L 3. THE REGIONAL DEPUTY DIRECTOR, PRIMARY EDUCATION, PATNA, REGION, PATNA. 4. THE BIHAR EDUCATION PROJECT COUNSEL THROUGH ITS STATE PROJECT DIRECTOR, GOVT. OF BIHAR, BELTRON BHAWAN, SHASTRI NAGAR, PATNA. 5. THE DISTRICT MAGISTRATE, BUXAR AT BUXAR. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR AT BUXAR. 7. THE PANCHAYAT SAMITI, DHANSOI, PANCHAYAT, DHONSOI THROUGH ITS SECRETARY-CUM-BLOCK DEVELOPMENT OFFICER RAJPUR BLOCK, POLICE STATION- DHANSOI IN THE DISTRICT OF BUXAR. --- RESPONDENTS. ----------- 2/ 10-05-2011 Heard the parties. The issue raised in the present proceeding regarding non-upgradation of Kanya Prathmik Vidyalaya Amarpur under Dhansoi Panchayat in the district of Buxar, as middle school, is required to be finally adjudicated by respondent District Magistrate, Buxar. Learned counsel for the petitioner submits that a representation at Annexure-7 was already filed before 2 respondent District Collector, but no final decision was taken, compelling the petitioner to approach this Court. In the considered opinion of this Court, the issue raised herein in the present proceeding should be looked into by the respondent District Magistrate and final decision should be taken by him by a speaking order. The petitioner is hereby directed to appear before respondent District Magistrate within a period of four weeks from today with a certified copy of the present order and a detailed representation raising his grievance, which has been raised in the present proceeding. If such a representation is filed within the time prescribed by this Court accompanied by a certified copy of the present order, then the District Magistrate shall be obliged to consider the same in accordance with law and shall further be obliged to dispose it of in accordance with law by a speaking order, after giving an opportunity of hearing to the petitioner and all other concerned person. On such decision, if any consequential order is required to be issued, then that should be also issued within a reasonable time. Entire exercise must be completed by respondent District Magistrate within a period of three months from the date of filing of such representation by the petitioner. However, if the petitioner does not appear before the respondent District Magistrate within the time 3 prescribed by this Court with a detailed representation and a certified copy of the present order, then it shall be construed that the writ petition has finally been rejected by this Court. With the aforesaid observations/directions, the present writ petition stands disposed of BTiwary/ ( Birendra Prasad Verma, J.)