Court No. - 1 Case :- MISC. BENCH No. - 7019 of 2010 Petitioner :- Nanhkoo Ram And Another Respondent :- State Of U.P.Through Principal Secy.Basic Edu.Lucknow & Ors. Petitioner Counsel :- Arun Kumar Singh Respondent Counsel :- C.S.C.,A.M.Tripathi,R.N.Gupta Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
By means of the present petition, the petitioners pray for issuance of a
direction for construction of Junior High School at a particular place.
Under the provisions of sections 10 and 11 of the Basic Shiksha Adhiniyam,
the authority to choose a place for the purpose has been prescribed. Such a
dispute about requirement of a school at a particular village or over a
particular plot can normally be not entertained in writ jurisdiction. Besides, it
involves disputed questions of fact and consideration of relevant factors for
finding out as to where this school should be opened. This question can be
decided by the District Magistrate, who is the Chairman of the District Basic
Education Committee, in case the area is selected by the District Education
Committee and in case the area is selected by the Gaon Sabha, then by the
Basic Shiksha Adhikari.
We, accordingly, while declining to entertain the writ petition, provide that
the petitioners may make a representation placing their grievance to the
authority concerned and in case such a representation is made, the authority
concerned shall decide the same expeditiously.
Subject to above observations, the writ petition is dismissed.
Order Date :- 27.7.2010
Sachin