IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7336 of 2025 ====================================================== 1. Harekrishna Kumar Son of-Ganeshi Singh, Resident of Village- Turki, P.O.- Bhatauni, P.S.- Simri Bakhtiyarpur, District- Saharsa, Bihar-852127. 2. Shirshank Shubham @ S. Shubham Son of Bijay Kumar Singh, Resident of Village and PO- Damgarhi, PS- Sourbazar, District- Saharsa, Bihar. 3. Vivek Kumar Son of Kedar Rajak, Village, PO and PS- Beldour, District- Khagaria, Bihar-852161. 4. Amar Kumar Son of Satyanarayan Yadav, Resident of Village- Sher Basa, PO and PS- Beldaur, District- Khagaria, Bihar. 5. Amit Kumar Resident of Village and P.O- Pakra, PS- Naugchiya, District- Bhagalpur, Bihar. 6. Nitesh Kumar Singh Son of Tribhuwan Singh, Resident of Village and P.O- Hanuman Chowk Santnagar Gangjala, PS- Saharsa, District Saharsa, Bihar. 7. Ugress Kumar Son of Chandeshwari Ram, Resident of Village- Saraswati Nagar, PO- Ltmadi, PS- Beldaur, District- Khagaria, Bihar. 8. Jugnu Kumar Son of Binod Kumar Sah, Resident of Village- Rohiyar, PO- Rohiyar, PS- Mansi, Pin-851214, District- Khagaria, Bihar. 9. Amit Kumar Mishra @ Amit Son of Sushil Mishra, Resident of- Near Old Bank of India Manaitand, PO- Dhanbad, PS- Dhansar, District- Dhanbad, State- Jharkhand. 10. Deepak Kumar Son of Rambilash Sahu, Resident of Village- Haripur, P.O.- Haripur, P.S.- Alauli, District- Khagaria, Bihar. 11. Prafull Kumar Son of Ram Prakash Pd. Singh, Resident of Village and P.O- Haripur, PS- Alauli, District- Khagaria, Bihar. 12. Kishor Kumar Son of Garib Sharma, Resident of- Rajajan, P.O. and P.S.- Mansi, District- Khagaria, Bihar-851214. 13. Nitesh Kumar Nirala Son of Ramjapo Verma, Resident of Village- Hempur, PO- Mohanpur, PS- Bakhari, District- Begusarai, Bihar-848201. 14. Sujit Kumar Son of Gauri Shankar Prashad, Resident of Village- Rahimpur Panchkutti, PO- Rahimpur, PS- Muffasil, District- Khagaria, Bihar. 15. Naresh Nirala Son of Rajesh Yadav, Resident of Village- Maheshpur, PO- Samda, PS- Sourbazar, District- Saharsa. 16. Babli Kumari D/o- Sunil Chandra Yadav, Village and PO- Mohanpur Dudhaila, P.S.- Sonbarsa Kachahari, District- Saharsa, Bihar-852202. 17. Riti Kumari W/o Ashish Kumar, Resident of Vilage- Bhoua, PO- Gogri, District- Khagaria, Bihar. 18. Ashish Kumar Son of Shitlal Yadav, Resident of- Temha, P.O- Banni, P.S.- Maheshkhunt, District- Khagaria, Bihar. 19. Sanjay Kumar Mukhiya Son of- Balkrishna Mukhiya, Resident of Village and PO- Govindpur, PS- Pratapgang, District- Supaul, Bihar-852125. ... ... Petitioner/s Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 2/7 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. 6. The Director Administration-cum-Additional Secretary, Education Department, Bihar, Patna. 7. The District Magistrate, Khagaria, District- Khagaria. 8. The District Programme Officer-cum-Primary Education and Sarva Shiksha Abhiyan, Bihar Education Project Council, Khagaria, District- Khagaria. 9. The District Education Officer, Khagaria, District- Khagaria. 10. The Block Development Officer, Beldaur, District- Khagaria. 11. The Block Development Officer, Alauli, District- Khagaria. 12. The Block Development Officer, Chautham, District- Khagaria. 13. The Block Development Officer, Khagaria, District- Khagaria. 14. The Block Development Officer, Mansi, District- Khagaria. 15. The Block Development Officer, Gogri, District- Khagaria. 16. The Block Development Officer, Parbatta, District- Khagaria. 17. The Block Education Officer, Beldaur, District- Khagaria. 18. The Block Education Officer, Alauli, District- Khagaria. 19. The Block Education Officer, Chautham, District- Khagaria. 20. The Block Education Officer, Khagaria, District- Khagaria. 21. The Block Education Officer, Mansi, District- Khagaria. 22. The Block Education Officer, Gogri, District- Khagaria. 23. The Block Education Officer, Parbatta, District- Khagaria. 24. M/s B.P.AC. India Pvt. Ltd., Office Address at 191, B4, Opposite Road NO.- 5, Jay Prakash Nagar, Patna-800025. 25. M/s. ESEPL Group, Office Address at- Sahdeo Mahto Marg, Boring Canal Road, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Lakshmi Kumari, Advocate Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 3/7 For the State : Mr. SC-10 For the BEPC : Mr. Girijish Kumar, Advocate Mr. Akash Anand, Advocate For the UOI : Mrs. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 30-03-2026 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.-499 dated 28.02.2025 issued by D.E.O., Khagaria issued to M/S King Security Guard Services Pvt. Ltd., Patna, M/s B.P.A.C. India Pvt. Ltd, and M/s E.S.E.P.L. Group of Outsourcing, whereby the direction has been issued not to take services of B.R.P.s (Block resource person) after 31.03.2025. (ii) For issuance of direction to the respondent 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 / Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 4/7 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 services. Counsel further submits that the petitioners were selected through the agency, namely, private respondent Nos. 24 & 25 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. 499, dated 28.02.2025. Counsel Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 5/7 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 Nos. 24 & 25, 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, 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, Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 6/7 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 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 Patna High Court CWJC No.7336 of 2025(2) dt.30-03-2026 7/7 outsourcing agency before appropriate forum. Aman Kumar/- (Dr. Anshuman, J.) U