Patna High CourtCWJC/16448/2016dismissed

Badshah Singh v. The State Of Bihar And ORS

2017-07-25The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16448 of 2016 =========================================================== Badshah Singh, son of Late Jugan Singh, resident of village- Ujjaina, P.S.- Bastpur, P.O.- Sohil Patil, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary Education Department, Govt. of Bihar, Patna.

3. The Project Director Bihar Madhyamik Shiksha Parishad, Govt. of Bihar, Patna.

4. The Director Secondary, Education, Government of Bihar, Patna.

5. The Joint Director Secondary and Primary Education, Government of Bihar, Patna.

6. The District Magistrate, Siwan.

7. The Deputy Development Commissioner, Siwan.

8. The Regional Deputy Director, Chhapra.

9. The District Education Officer, Siwan.

10. The District Programme Officer, Secondary Education, Siwan.

11. The District Programme Officer, Siwan.

12. The Block Education Officer Lakari Nabiganj, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Kumar Singh, Adv For the Respondent/s : Mr. Ranjan Kumar, AC to GA-12 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 25-07-2017 Inter alia claiming upgradation of a Middle School in Ujjaina, Gram Panchayat, Basauli, Prakhand Lakari, Nabiganj, District-Siwan, this petition has been filed. From the counter affidavit filed by the respondents, it is seen that the government, for various reasons contained in resolution Annexure-A dated 05.07.2013 has taken a

Patna High Court CWJC No.16448 of 2016 dt.25-07-2017 2/2 decision not to upgrade the school in question. Upgradation of a school is policy matter, administrative in nature uncontrolled by the statutory provision and therefore, in a public litigation, this Court cannot issue any mandamus.

Accordingly, finding no case for issuing any mandamus, the petition stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29/07/2017 Transmission Date NA