IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1643 of 2010
1. RENU KUWAR W/O LATE JHAGRU MAHTO R/O VILL MANANPUR(PURBARI TOLA),
P.S.Ò³KAIYANPUR,DISTT-EAST CHAMPARAN AT MOTIHARI
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN
RESOURCES GOVT. OF BIHAR, PATNA
2. THE DIRECTOR , PRIMARY EDUCATION GOVT.OF BIHAR,PATNA
3. THE DIRECTOR , BIHAR EDUCATION PROJECT COUNCIL BELTRON BHAWAN,
SHASTRI NAGAR, PATNA
4. THE COMMISSIONER TIRHUT DIVISION , MUZAFFARPUR
5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION TIRHUT DIVISION ,
MUZAFFARPUR
6. THE DISTRICT MAGISTRATE EAST CHAMPARAN AT MOTIHARI
7. THE DISTRICT EDUCATION OFFICER EAST CHAMPARAN AT MOTIHARI
8. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM-DISTRICT PROGRAMME
COORDINATOR EAST CHAMPARAN AT MOTIHARI
9. THE AREA EDUCATION OFFICER KESARIA, EAST CHAMPARAN AT MOTIHARI
10. THE BLOCK DEVELOPMENT OFFICER KALYANPUR, DISTT-EAST CHAMPARAN
11. SRI ARVIND KUMAR SINGH THE BLOCK EDUCATION EXTENSION
OFFICER,KALYANPUR , EAST CHAMPARAN
12. THE PRAMUKH KALYANPUR BLOCK, EAST CHAMPARAN
13. THE MUKHIYA , GRAM PANCHAYAT RAJ SISWA KHARAR, KALYANPUR BLOCK,
EAST CHAMPARAN
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2. 11.02.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The relief sought for in this application is for a direction to open
and establish a new Primary School at Mananpur, Purwari Tola, Ward
No. 9 stated to have been selected by Aam Sabha of the Gram
Panchayat.
In view of the law laid down in (2001) 10 SCC 75 there is no
occasion for the Court to interfere in such executive policy matters
especially when they are regulated by statutory provisions. Under
Section 73(17)(1) of the Bihar Panchayat Raj Act it is the exclusive
jurisdiction of the Zila Parishad to decide on the location for
establishment of Primary Schools.
The powers of the Gram Panchayat are limited to promotion of
public awareness and participation in primary education ensuring full
enrolment and attendance in its management as provided for in Section
22(1)(xiii) of the Act. The Power of the Panchayat Samiti under Section
47(14) is limited to the promotion of primary education, construction and
repair & maintenance of primary school building. Under the statutory
scheme of things, when a designated authority has been provided for to
decide on the establishment of the School which necessarily
encompasses the location, the Court is not persuaded to make any
observation much less pass any positive order.
This application is dismissed.
Snkumar/- (Navin Sinha,J.)