Usha Devi vs The State Of Bihar & Ors.

Date : 25-08-2026 Heard Mr. Bajarangi Lal, learned Advocate for the petitioner and Mr. Divit Vinod, learned Advocate for the State.

The petitioner, claiming to be a founder and donor member of Kushwaha Somari Triloki Intermediate College, Salempur, Sohasari, Nalanda, has approached this Court seeking quashing of the order contained in letter No. 879 dated 02.03.2024 issued by the Director (Education), Bihar School Examination Board, Patna, whereunder and whereby inter level education in KST(Inter) College, Sohasarai has been put to an end w.e.f. 01.04.2024 on the ground that inter level study has been withdrawn in the State of Bihar with effect from affiliated degree college. The impugned order as well as entire action is said to have taken place in terms of resolution No. 587 dated 21.02.2024.

Learned Advocate for the petitioner adverting to the impugned order has submitted that while passing the impugned order, the concerned authority has completely failed to consider that the college in question has absolutely no concern with KST Degree College and both have separate land, building and infrastructure as well as the distinct Governing Body. The aforesaid fact also get corroborated with the enquiry report duly furnished by a Three Men Committee headed by the Magadh University, Bodh Gaya submitted on 15.03.2010, wherein the Committee has come to the conclusion that the College is imparting education in intermediate as well as the degree level in separate building having separate principal for each level. The above referred enquiry was duly conducted, when a plea was raised regarding lack of infrastructure for imparting degree level teaching by the KST (Degree) College. Based upon such enquiry report, the Hon’ble Chancellor of the Universities has also passed the order on 05.06.2013 accepting the position.

Adverting to the aforesaid fact, Mr. Lal, learned Advocate for the petitioner further submitted that a detailed representation has also been placed before the Additional Chief Secretary, Education Department, Bihar, Patna bringing on record the entire facts, but till date no decision has been taken.

On the other hand, learned Advocate for the State confronting the submissions set forth by the learned Advocate for the petitioner submitted that the impugned order has been passed after considering the materials available on record as well as in the light of the department resolution No. 587 dated 21.02.2024.

Having considered the rival submissions advanced on behalf of the respective parties and taking note of the enquiry report, copy of which is placed on record as Annexure-P/5 and also the specific contention of the petitioner supported with the materials that both the KST Intermediate College, Sohasarai and KST Degree College have different land, building and infrastructure as well as distinct Governing Body and this fact has also been brought to the knowledge of the Additional Chief Secretary, Education Department, Government of Bihar by filing a detailed representation along with all other materials, this Court finds that the petitioner has made out a case for fresh consideration and accordingly directs the Additional Chief Secretary, Education Department, Government of Bihar, Patna to consider the representation of the petitioner dated 25.09.2025, copy of which is marked as Annexure P/8 to the writ petition, and pass a reasoned and speaking order in the light of the enquiry report referred hereinabove as also the other materials which shall be placed by the petitioner alongwith this order, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order.

Suffice it to observe that while considering the case of the petitioner, the impugned order shall not come in the way and remain in abeyance till final decision is taken.

The writ petition stands disposed off with the aforesaid observation.