IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7139 of 2025 ====================================================== 1. Krishna Mohan Choudhary, S/o- Mrigendra Chaudhary, R/O- Village Panchobh, P.O- Panchobh, P.S- Bishanpur, District- Darbhanga. 2. Subhash Kumar Choudhary, S/o- Mrigendra Choudhary, R/O- Village Panchobh, P.O- Panchobh, P.S-Bishnpur, District - Darbhanga. 3. Ravi Ranjan Kumar, S/o- Ravi Shankar Mahto, R/o- Village- Urdu Bazar, P.O.- Lalbagh and P.S.-Laheriyasarai, District- Darbhanga. 4. Avinash Anand, S/o- Mohan Yadav, R/o- Village Bidhipur, P.O- Bhandarisham, P.S- Manigachhi, District- Darbhanga. 5. Puja Kumari, W/o- Raman Kumar Jha, R/o- Ward No. 46, Village Kabilpur Babu Saheb Colony, P.O- Laheriasarai, P.S- Bahadurpur, District- Darbhanga. 6. Md. Shabbeer, S/o- Md. Yakub, R/O-Village Nirpur Bhararia, P.O- Nirpur Bhararia, P.S- Singhia, District Samastipur. 7. Amit Kumar, S/o- Gourishankar Prasad Vishwakarma, R/o- Belashankar, P.O- Belashankar, P.S-Roshan Chowk, District- Darbhanga. 8. Krishna Mohan Yadav @ Krishan Mohan Yadav, S/o- Nandkishor Yadav, R/o-Ward 5, Taralahi, P.O- Taralahi, P.S- Bahadurpur, District- Darbhanga. 9. Nisha Kumari, D/o- Harimohan Jha, R/o- Village Korthu, P.O- Korthu, P.S- Ghanshyampur, District- Darbhanga. 10. Devrat Kumar, S/o Jagdeo Paswan, P.O- Korthu, P.S.- Ghanshyampur, District- Darbhanga. 11. Tabrej Alam, S/o Kitabuddin Abnsari, R/o- Dhanchhuha, P.O- Maharajganj, P.S- Maharajganj. District- Siwan. 12. Shubham Kumar, S/o- Dilip Jha, P.O -Bharwara, P.S- Singhwara, District- Darbhanga. 13. Md. Tauqeer Alam, S/o Md. Wakeel Ahmad, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s Versus 1. The Union of India through Secretary (School Education and Literacy), Government of India, New Delhi. 2. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 3. The Additional Chief Secretary, Education Department, Government of Bihar, Patna. 4. The Additional Secretary, Education Department, Government of Bihar, Patna. 5. The Administrative Officer, Bihar Education Project Council, Shiksha Bhawan, Rastra Bhasha Parsishad Campus, Saidpur Rajendra Nagar Patna. Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 2/7 6. The Director Administration-cum-Additional Secretary, Education Department, Bihar, Patna. 7. The District Magistrate, Darbhanga, District- Darbhanga. 8. The District Programme Officer-Cum-Primary Education and Sarva Shiksha Abhiyan, Bihar Education Project Council, Darbhanga, District- Darbhanga. 9. The District Education Officer, Darbhanga, District- Darbhanga. 10. The Block Development Officer, Hanumannagar, District- Darbhanga. 11. The Block Development Officer, Keoti, District- Darbhanga. 12. The Block Development Officer, Bahadurpur, District- Darbhanga. 13. The Block Development Officer, Singhwara, District- Darbhanga 14. The Block Development Officer, Kusheshwarsthan, District- Darbhanga. 15. The Block Development Officer, Kusheshwarsthan (East), District- Darbhanga. 16. The Block Development Officer, Tardih, District- Darbhanga. 17. The Block Development Officer, Alinagar, District- Darbhanga. 18. The Block Development Officer, Manigaachhi, District- Darbhanga. 19. The Block Development Officer, Benipur, District- Darbhanga. 20. The Block Development Officer, Darbhanga Sadar, District- Darbhanga. 21. The Block Development Officer, Hayaghat, District- Darbhanga. 22. The Block Development Officer, Baheri, District- Darbhanga. 23. The Block Development Officer, Biraul, District- Darbhanga. 24. The Block Development Officer, aley, District- Darbhanga. 25. The Block Development Officer, Ghanshyampur, District- Darbhanga. 26. The Block Development Officer, Gourabauram, District- Darbhanga. 27. The Block Development Officer, Kiratpur, District- Darbhanga. 28. The Block Development Officer, Darbhanga Nagar, District- Darbhanga. 29. The Block Education Officer, Hanumannagar, District- Darbhanga. 30. The Block Education Officer, Keoti, District- Darbhanga. 31. The Block Education Officer, Bahadurpur, District- Darbhanga. 32. The Block Education Officer, Singhwara, District- Darbhanga. 33. The Block Education Officer, Kusheshwarsthan, District- Darbhanga. 34. The Block Education Officer, Kusheshwarsthan (East), District- Darbhanga. 35. The Block Education Officer, Tardih, District- Darbhanga. 36. The Block Education Officer, Alinagar, District- Darbhanga. 37. The Block Education Officer, Manigaachhi, District- Darbhanga. 38. The Block Education Officer, Benipur, District- Darbhanga. 39. The Block Education Officer, Darbhanga Sadar, District- Darbhanga. 40. The Block Education Officer, Hayaghat, District- Darbhanga. Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 3/7 41. The Block Education Officer, Baheri, District- Darbhanga. 42. The Block Education Officer, Biraul, District- Darbhanga. 43. The Block Education Officer, Jaley, District- Darbhanga. 44. The Block Education Officer, Ghanshyampur, District- Darbhanga. 45. The Block Education Officer, Gourabauram, District- Darbhanga. 46. The Block Education Officer, Kiratpur, District- Darbhanga. 47. The Block Education Officer, Darbhanga Nagar, District- Darbhanga. 48. M/S Spardy Pvt. Ltd., Office Address at Naseeb Lal Market, Khagaul Road, Anisabad, Patna, Bihar- 02. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Lakshmi Kumari, Advocate Mr. Rajnish Prakash, Advocate For the State : Mr. SC-6 For the BEPC : Mr. Girijish Kumar, Advocate Mr. Akash Anand, Advocate For the UOI : Mrs. Priya Gupta, Central Govt. Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 17-03-2026 Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for the Bihar Education Project Council (hereinafter referred to as ‘BEPC’) and learned counsel for the Union of India. 2. The present writ petition has been filed for the following reliefs:- (i) For setting aside order Contained in Memo No.-415 dated 28.02.2025 to the extent it relates to M/s Spardy Pvt. Ltd., Patna whereby the direction has been issued not to take services of B.R.P.s (Block resource person) after 31.03.2025. Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 4/7 (ii) For issuance of direction to the respondent's authorities to continue to take services of the petitioners as Block resource persons in their respective Blocks even after 31.03.2025 till the Sarva Shiksha Abhiyaan scheme is in existence and until regular appointment on the post of BRPs is made. (iii) For any other relief or reliefs / interim relief as your honor may deem fit and proper. 3. Learned counsel for the petitioners submits that the appointment of the petitioners took place under the Sarva Shiksha Abhiyan Scheme of the Central Government, under which major funds are provided by the Central Government for the purpose of providing basic primary education to children of all sections of society. Counsel further submits that the Government of Bihar, under the said scheme, has been acting in accordance with the Central Government’s guidelines but later decided to engage private agencies for providing different kinds of services under the District Project Management Scheme and Block Project Management Scheme. In this connection, a NIT bearing No. Professionals/Educations/2023/01, dated 21.06.2023, was issued, by which 18 agencies were empaneled. 4. Counsel further submits that the petitioners are individuals who were selected by the agencies to provide the Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 5/7 services. Counsel further submits that the petitioners were selected through the agency, namely, private respondent No. 48 of the present writ petition, but their service conditions are governed by Government policy. The order impugned is annexed as Annexure P/8, which is a memo communicated to the agency vide Memo No. 415, dated 28.02.2025. Counsel further submits that, on the one hand, the services of the petitioners have been terminated, but on the other hand, vide letter dated 03.03.2025 (Annexure P/9), internal correspondence was made by the Director-cum-Additional Secretary, Education Department, to all District Education Officers regarding the consideration and need for engaging the services of the petitioners and similarly placed persons. Therefore, counsel submits that notice be issued to private respondent No. 48, and the writ petition of the petitioners be entertained, directing counter-affidavits from the Bihar Education Project Council as well as the State Government. 5. Counsel also submits that a writ petition has been filed by the outsourcing agency before this Court, bearing CWJC No. 4323 of 2025, which is pending for adjudication. 6. Learned counsel for the State submits that the counter-affidavit has already been filed. In the counter-affidavit, Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 6/7 the stand taken by the State is that the petitioners were engaged through an outsourcing agency and were not directly appointed by the State. When the authority concerned decided not to continue work with the said agency, their contracts were consequently terminated. 7. Learned counsel for the Administrative Officer, Bihar Education Project Council (respondent No. 5), submits that the issue involved in the present writ petition has already been decided by this Court vide Judgment dated 25.03.2025 in CWJC No. 4556 of 2025. Counsel further submits that, since the petitioner was an employee of the outsourcing agency and not of the State, the contract contains a specific condition that if the project is terminated due to unavoidable circumstances, the contract will come to an end with immediate effect. 8. In light of the submissions made above, it transpires to this Court that the petitioners were appointed for the completion of various schemes under the Sarva Shiksha Abhiyan. It has been decided that, after 31.03.2025, services from the outsourcing agency shall not be continued. It is only due to this reason that the petitioners have become aggrieved. 9. It also transpires to this Court, from the record, that the impugned letter has been issued to the outsourcing agency Patna High Court CWJC No.7139 of 2025(2) dt.17-03-2026 7/7 and not to the petitioners. The outsourcing agency may have the right to challenge the same, but not the petitioners. Therefore, this Court is of the firm view that employees of the outsourcing agency shall not challenge the impugned order. 10. Accordingly, the present writ petition stands disposed of, granting liberty to the petitioners to sue against the outsourcing agency who appointed them, in case the writ petition, filed by the outsourcing agency, is decided in their favor. Aman Kumar/- (Dr. Anshuman, J.) U