Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10355 of 2023 ====================================================== Bipin Kumar, S/o Late Baleshwar Singh, R/o Village-Makanpur, P.O.- Habbipur, P.S.- Hilsa, District-Nalanda-801302 ... ... Petitioner/s

Versus

The State of Bihar Additional Chief Secretary, Department of Education, Government of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Rai, Advocate For the Respondent/s :

Smt. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-10-2023 The writ petition is filed in public interest against Annexure-1, Notification dated 23.06.2023 issued by the Additional Chief Secretary, Department of Education, Government of Bihar. The Notification refers to inspections to be carried out in the schools so as to ensure the presence of teachers and children, proper implementation of Mid-day Meal Scheme, conditions of toilets and facility for drinking water and so on.

2. The petitioner, an Advocate, seeks to challenge the order on the ground that this would unnecessarily interfere with the functioning of the teachers and would have a

Patna High Court CWJC No.10355 of 2023 dt.03-10-2023 2/3 deleterious effect on the departments from which the officials are sourced to carry out such inspection. The petitioner also relied on Annexure-4, judgment of this Court.

3. We were at the outset of the opinion that there could be no public interest litigation filed challenging the order issued. The inspection is said to be a measure intended at ensuring the presence of teachers and students as also proper facilities being provided to the children, for which the State is expending money. If at all, the inspections caused prejudice to any of the teachers, it is for them to individually challenge it and there cannot be any public interest litigation filed.

4. We have looked at Annexure-4 judgment, which was filed by the President of an Association of Teachers. Therein, the question was whether the members of a Social Working Committee of the Rural Organization called 'Jeevika' can supervise the functioning of the schools. It was found by their Lordships that the members of 'Jeevika' could be even illiterate women or the poor and downtrodden members of society, who would not be equipped to conduct any inspection of the schools. The aim and object of promoting 'Jeevika' was to create a kind of self-help group at village level so as to empower the socially and economically backward members of the

Patna High Court CWJC No.10355 of 2023 dt.03-10-2023 3/3 community. The supervision of schools carried out by a nongovernmental organization was also frowned upon.

5. We do not think that neither the petitioner in the present writ petition has the same interest as the petitioner in Annexure-4 judgment, nor does the cause have any identity. We hence, dismiss the writ petition on the above reasoning; in limine.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 07.10.2023 Transmission Date