IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2520 of 2007
Gaya Paswan, SON OF SHRI DARSHAN PASWAN, OF VILLAGE
DARIYAPUR, P.O.-BARUN, P.S. SONPUR, DISTRICT- SARAN :---
PETITIONER.
Versus
1.The State Of Bihar THROUGH THE SECRETARY, HUMAN
RESOURCES, GOVERNMENT OF BIHAR, PATNA.
2. THE DISTRICT OFFICER (COLLECTOR), SARAN, CHAPRA.
3. THE SUB-DIVISIONAL OFFICER, SARAN, CHAPRA.
4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN,
CHAPRA-CUM-THE DISTRICT PROGRAMME CO-ORDINATOR
SARVA SHIKSHA ABHIYAN, SARAN, CHAPRA.
5. THE BLOCK DEVELOPMENT OFFICER, SONEPUR, SARAN.
6. THE BLOCK EDUCATION EXTENSION OFFICER, SONEPUR,
SARAN CUM BLOCK RESOURCES CENTRE CO-ORDINATOR,
S.S.A. SONEPUR.
7. THE HEAD MASTER, MADHYA VIDALAYA, SHIKARPUR,
SONEPUR, SARAN.
8. THE HEAD MASTER, PRIMARY VIDALAYA, DARIYAPUR,
SONEPUR, SARAN.
9. THE SECRETARY, VIDALAYA SHIKSHA SAMITI, PRIMARY
VIDALAYA, DARIYAPUR, SONEPUR, SARAN :---
RESPONDENTS.
----------------------------------
2. 26.08.2011. Heard learned counsel for the petitioner
and the State.
2. This writ petition has been filed for a
direction to Respondent No. 7, the Headmaster,
Middle School, Shikarpur, Sonepur, Saran to
return the amount given to him for the purpose of
raising Complex Resource Centre in the campus of
the said school as the said school does not fulfil
the criteria for raising the Complex Resource
Centre and in appreciation of such fact District
Superintendent of Education-cum-District
Programme Coordinator, Sarva Shiksha Abhiyan,
2
Saran, Chapra instructed Respondent No. 7 to
return the amount so that the Complex Resource
Centre is raised in the campus of Primary School,
Dariyapur, Sonepur, Saran or any other school
which fulfil the criteria for raising the Centre.
3. It is submitted on behalf of the
petitioner that ignoring the aforesaid direction of
Respondent No. 4, Respondent No. 7 merrily
proceeded with the raising of the Complex
Resource Centre in the campus/premises of the
Middle School, Shikarpur, Sonepur, Saran.
4. Counsel for the State also confirms that
during the pendency of this writ petition the
Complex Resource Centre has been raised within
the campus/premises of Middle School,
Shikarpur, Sonepur, Saran. Counsel for the State,
however, does not concede the position that
raising of the Complex Resource Centre in the
campus/premises of the Middle School,
Shikarpur, Sonepur, Saran is contrary to the
instruction of Respondent No. 4.
5. Having heard counsel for the petitioner
and the State, I direct the petitioner to appear
before the District Magistrate, Saran at Chapra
and invite his attention towards the order of the
3
District Superintendent of Education, Saran-cum-
District Programme Coordinator, Sarva Shiksha
Abhiyan, Saran, Chapra Respondent No. 4 by
which he had asked Respondent No. 7 to return
the amount and if the District Magistrate is
satisfied that the Middle School, Shikarpur,
Sonepur, Saran does not fulfil the criteria,
appropriate steps be taken for shifting of the
Complex from the campus/premises of the said
school to any other school which fulfils the criteria
for raising of such complex. District Magistrate
shall pass orders in compliance of this order, as
early as possible, in any case within a reasonable
time.
6. The writ application is, accordingly,
disposed of.
P.K.P. (V.N.Sinha,J.)