IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3759 of 2018

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1.

Md. Ejaj Son of Kitabudyin Khan, Resident of Mohalla- Baswaria, Ward

No.- 28, Police Station- Betiah Town, District- West Champaran.

2.

Amit Kumar, Son of Shambhu Nath Prasad, Resident of Village- Gidha,

Police Station- Chanpatiya, District- West Champaran.

3.

Raj Kumar Prasad, son of Late Dinanath Prasad, Resident of Village-

Aguniaha, Police Station- Chutarua Banahia-I, District- West Champaran.

4.

Mukesh Prasad Chaurasia, Son of Shivnath Bhagat, Resident of Village-

Bhawanipur, Police Station- Srinagar, District- West Champaran.

5.

Raj Kumar, Son of Sitaram Rao, Resident of Village- New Coloney

Basawariya, Ward No. -3, Police Station- Muffasil Bettiah, District- Bettiah.

6.

Ratnesh Kumar, Son of Ghanshyam Prasad, Resident of Ward No. 2,

Chanpatiya, Police Station- Muffasil, District- West Champaran.

7.

Junaid Shams, Son of Late Md. Shamsuddin Miyan, Resident of Baswariya,

Ward No.- 29, Police Station- Bettiah Town, District- West Champaran.

8.

Sanjay Kumar, Son of Baidhnath Prasad, Resident of Purbi Kargahiya,

Police Station- Muffasil Bettiah, District- West Champaran.

9.

Sujit Kumar, Son of Dhrup Prasad, Resident of Ilamram Chowk, Ward No.-

18, Police Station- Muffasil Bettiah, District- West Champaran.

10.

Vinit Kumar Upadhyay, Son of Pramod Upadhyay, Resident of Ary Nagar,

Ramnagar, Bally Bazar, Police Station- Muffasil, District- West Champaran.

11.

Nitesh Bhardwaz, Son of Kanhaiya Pathak, resident of Village- Murera,

Police Station- Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department,

Govt. of Bihar, Patna

2.

The District Magistrate-cum-Chairman, District Level Selection Committee,

Midday Meal Programme, We

3.

The Director Midday Meal Programme, West Champaran, Bettiah.

4.

The District Programme Officer-cum-Secretary, District Level Selection

Committee, Midday Meal Progr

Patna High Court CWJC No.3759 of 2018(2) dt.23-01-2023

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5.

The District Education Superintendent, West Camparan, Bettiah.

6.

The District Education Officer, West Champaran, Bettiah.

7.

The Sub-Divisional Education Officer, West Champaran, Bettiah.

8.

The District Programme Officer, Midday Meal Programme, West

Champaran, Bettiah.

9.

The Officer In-charge, Midday Meal Programme, West Champaran, Bettiah.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Vipin Kumar Singh, Advocate

Mrs. Smriti Singh, Advocate

For the Respondent/s

:

Mr. M.P. Yadav, GP-23

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2

23-01-2023

Petitioners have prayed for the following relief(s):-

“For issuance of writ in the nature of certiorari

for quashing of the order passed by the Director,

Midday Meal Programme, Bihar, Patna contained in

Memo No. 193 dated 29.01.2018 wherein it has been

directed that the vehicle being used for transportation

of the food articles shall be equipped with the G.P.S.

system and the expenses for installation of the said

G.P.S. system shall be borne by the selected

contractors.

ii) For issuance of writ in the nature of certiorari

for quashing of the guidelines dated 20.11.2017

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issued under the signature of the Director, Midday

Meal Progamme, Bihar, Patna, whereby certain

erroneous condition have been laid down for the

selection of contractors without having any

reasonable basis for the same.

iii) For issuance of writ of mandamus

commanding the respondents to appoint/select the

petitioners as contractors in the concerned area for

the year