IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8091 of 2025 ====================================================== 1. Ramdev Ram S/o Prasad Ram, R/o Village Kursi Barwa, P.S. Sikta, District- West Champaran. 2. Nandlal Ram S/o Dhudhraj Ram, R/o Ward No. 13, Pipra, P.S Chautarva, District- West Champaran. 3. Hira Lal Ram @ Heeralal Ram S/o Bikramadit Ram, R/o Village Dhaunaha, Nauka Tola, P.S Dhanha, District- West Champaran. 4. Sudha Kumari W/o Prabhunarayan Singh, R/o Ward No. 24, Lal Bazar, Bettiah, P.S. Bettiah, District- West Champaran. 5. Shagufta Parveen W/o Reyazul Ansari, R/o Ganj No. 2, Ward No. 19, Bettiah, P.S. Bettiah Town, District- West Champaran. 6. Shiwakant Pandey S/o Late Rajendra Pandey, R/o Jaiprakash Nagar, ITI Road No. 6, Bettiah, P.S. Muffasil, District- West Champaran. 7. Premchandra Prasad S/o Vishwanath Prasad, R/o Village Puraina, Ward No. 2, P.S. Yogapatti, District- West Champaran. 8. Sreekant Prasad Kushwaha @ Sreekant Prasad Kushwaha S/o Raghunath Bagat Kushwaha, R/o Village Pipra Santpur, Mainator P.S. Chautarva, District- West Champaran. 9. Umakant Mishra S/o Mukut Mishra, R/o Village Chapariya Tola, Rampurwa P.S. Rampurwa, District- West Champaran. 10. Shambhu Prasad S/o Late Laxmi Prasad, R/o Jaiprakash Nagar, ITI Road No. 6, Bettiah, P.S. Muffasil, District- West Champaran. 11. Akhileshwar Prasad Rai S/o Jundbahadur Rai, R/o Village Raidhurwa, Ward No. 6, P.S. Mannwapul, District- West Champaran. 12. Birendra Kumar Singh S/o Late Gorakh Singh, R/o Ward No. 7, Nauka Tola, P.S. Ramnagar, District- West Champaran. 13. Shambhu Prasad S/o Late Nathuni Prasad, R/o Village Jogiya, P.S. Ramnagar, District- West Champaran. 14. Vijay Kumar Tiwari S/o Tarkeshwar Tiwari, R/o Village Turhatti, P.S. Mannwapul, District- West Champaran. 15. Harun Ansari S/o Hakim Ahamad, R/o Marwari Tola, Ward No. 29, P.S. Bagha, District- West Champaran. 16. Vijay Kumar Srivastava S/o Late Ganesh Prasad Srivastava, R/o Budhwari Tola, Ward No. 4, P.S. Bagha, District- West Champaran. 17. Poonam Kumari Gupta W/o Raj Kishore Prasad, R/o Khiriya Ghat, Ward No. 4, P.S. Bairiya, District- West Champaran. 18. Badru Doja S/o Majhaharudin Sah, R/o Ward No.8, Narayanpur, P.S. Ramnagar, District- West Champaran. 19. Shiv Shankar Pandey S/o Satyadev Pandey, R/o Hind Cinema Nagar, P.S.- Ramnagar, District- West Champaran. 20. Gorakh Mahto S/o Sannu Mahto, R/o Village Juhari Siswariya, P.S. Sirisiya, District- West Champaran. Patna High Court CWJC No.8091 of 2025(2) dt.12-02-2026 2/5 21. Md. Harun S/o Sheikh Nuruddin, R/o Ward No. 11, Dhabani, P.S. Suthi, District- West Champaran. 22. Bhagyanarain Singh @ Bhagya Narayan Singh S/o Bhikshuk Singh, R/o Village Dhokraha, Ward No. 11, P.S. Majhauliya, District- West Champaran. 23. Birendar Ram @ Virendra Ram S/o Ambika Ram, R/o Village Khotahwa, P.S. Dhanha, District- West Champaran. 24. Kamalnath Rai S/o Bikram Rai, R/o New Colony Bagha, Ward No. 24, P.S Bagha, District- West Champaran. 25. Kamlesh Upadhyay S/o Radhakant Upadhyay, R/o Village Manjhariya, P.S. Bhairogao, District- West Champaran. 26. Birender Kumar Singh @ Virender Kumar Singh S/o Jagannath Singh, R/o Ward No. 30, Daroga Tola, P.S. Bettiah, District- West Champaran. 27. Uday Bhanu Ram S/o Prahlad Ram, R/o Chhauni Chowk, Bettiah, P.S. Bettiah, District- West Champaran. 28. Kumari Manisha Shrivastava W/o Vinod Kumar Verma, R/o Mohachhi Sughar, P.S. Ghogha, District- West Champaran. 29. Shekh Sobrati S/o Sheikh Sharafat, R/o Village Jamka, P.S. Sikta, District- West Champaran. 30. Shambhu Ram S/o Late Mangal Ram, R/o Kotuha Chautarva, Ward No.8, P.S. Chautarva, District- West Champaran. ... ... Petitioner/s Versus 1. The Union of India through the Secretary, Ministry of Education (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 District Education Officer-cum-Chairman Selection Committee, Bihar Education Project Council, Sarv Shiksha Abhiyan. 7. The Director Administration-cum-Additional Secretary, Education Department, Government of Bihar, Patna. 8. The District Magistrate, West Champaran, Bettiah. 9. The District Education Officer, West Champaran, Bettiah. 10. The Block Development Officer, Sikta, West Champaran. 11. The Block Development Officer, Bagha-1, West Champaran. 12. The Block Development Officer, Bagha-2, West Champaran. 13. The Block Development Officer, Madhubani, West Champaran. Patna High Court CWJC No.8091 of 2025(2) dt.12-02-2026 3/5 14. The Block Development Officer, Bettial, West Champaran. 15. The Block Development Officer, Chanpatia, West Champaran. 16. The Block Development Officer, Yogapatti, West Champaran. 17. The Block Development Officer, Maintand, West Champaran. 18. The Block Development Officer, Ramnagar, West Champaran. 19. The Block Development Officer, Bairiya, West Champaran. 20. The Block Development Officer, Piprasi, West Champaran. 21. The Block Development Officer, Nautan, West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Eashita Raj, Adv. For the State : Mr. Ravi Kumar, AC to GP-13 Mr. Akshay Lal Prasad, AC to GP-13 For the BEPC : Mr. Girijish Kumar, Adv. Mr. Akash Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 12-02-2026 Heard learned counsel, Ms. Eashita Raj on behalf of the petitioners, learned counsel appearing for Bihar Education Project Counsel and learned counsel appearing for respondent- State. 2. In the present writ application the petitioner has prayed for the grant of following reliefs: “A. A writ in the nature of certiorari or any other appropriate writ, order/orders, or direction quashing the following:- (i) The office order as contained in Memo No. No. 55A/Quality/1091 dated 28.02.2025 issued by the District Education Officer, West Champaran, Bettiah, ordering that from 31.03.2025, no work from the Block Resource Persons (Retired Teachers) (hereinafter referred to as "BRPs") would be taken in the light of the letter no. 10 dated 20.02.2025 by Addtional Chief Secretary, Patna High Court CWJC No.8091 of 2025(2) dt.12-02-2026 4/5 Education Department, Bihar, Patna, under which the inspection work of schools were not be taken by appointed BRPs as the said work was to be done by Education Department and the regular officers of Bihar Education Project. (as contained in Annexure P/8) B. A writ in the nature of mandamus or any other appropriate writ, order/orders, or direction commanding the Respondents for the following:- (i) To hold that the order contained in Memo No. 55A/Quality/1091 dated 28.03.2025 issued by the District Education Officer, West Champaran, Bettiah, as contained in Annexure P/8, to be nullity and non-est in the eyes of law. (ii) To restrain the Respondents from giving effect to the order contained in Memo No. 55A/Quality/1091 dated 28.03.2025 issued by the District Education Officer, West Champaran, Bettiah, as contained in Annexure P/8. (iii) To allow the Petitioners to work as BRP at their respective places till the retirement age of 65 years. (iv) To hold non-taking of work from BRP duly appointed in the light of letter no. 10 dated 20.02.2025 by the Additional Chief Secretary, Education Department, Bihar, Patna, to be without jurisdiction, arbitrary, malafide, unjust and unfair terms of the decision taken by the state government and undoing C. To any other relief/ reliefs to which the petitioner is found entitled to.” 3. At the outset, learned counsel appearing for respondent parties have raised an objection with regard to maintainability of the present writ application at the behest of an outsource retired employee stating that undisputedly the petitioners were not holding a civil post and were neither a Patna High Court CWJC No.8091 of 2025(2) dt.12-02-2026 5/5 government employee, hence the present writ application under Article 226 is not maintainable at their behest. 4. Answering to the aforesaid objection raised by the learned counsel appearing for respondent parties, learned counsel appearing for the petitioners submits that she is willing to withdraw the present writ application, if liberty is granted to the petitioners to seek appropriate remedy available to the petitioners under Labour Industrial Laws. 5. As prayed for by learned counsel appearing for the petitioners, this writ application is permitted to be withdrawn with liberty to the petitioners to seek appropriate remedy under Labour Industrial Laws or before any appropriate forum. 6. The writ application is dismissed as withdrawn with the liberty aforesaid. Prakash Narayan (Alok Kumar Sinha, J) U