Patna High CourtCWJC/4510/2014dismissed

Bhagwan Lal Sadai v. The State Of Bihar And ORS

2015-10-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4510 of 2014 ====================================================== Bhagwan Lal Sadai, Son of Late Subadh Sadai, Resident of Village Bishaharia, Panchayat Chikna, P.S. Ghoghardiha, District Madhubani. .... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. Director (Madhyamik Shiksha), Education Department, Government of Bihar.

3. Director (State Project) Bihar Madhyamik Shiksha Parishad, Bihar, Patna.

4. The Managing Director, Bihar State Educational Infrastructure Development Corporation Limited (BSEIDC Ltd.) Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path Saidpur, Patna-4.

5. The District Collector, Madhubani.

6. The District Education Officer, Madhubani.

7. The District Programme Officer, Rastriya Madhyamik Shiksha Abhiyan/Madhyamik Shiksha, Madhubani.

8. The Deputy Development Commissioner, Madhubani.

9. The Block Education Extension Officer Ghoghardiha, PS Ghoghardiha, District Madhubani.

.... .... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No 13, Advocate For the State :

Mr.Raj Nandan Prasad, SC9 For the Respondents :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 05-10-2015 The Court will not substitute its wisdom in the exercise of identifying an institution for up-gradation of middle school since this is a domain which falls within the jurisdiction of the local authorities who are better placed to see and decide things on the existent ground reality.

Such is the view even of diverse Division Benches

Patna High Court CWJC No.4510 of 2014 (3) dt.05-10-2015 2 / 2 of this Court, one of which is CWJC No. 3630 of 2014, i.e., Lali Devi vs. State of Bihar, disposed of on 06.03.2014 as well as one case of Lalan Kumar vs. State, i.e., CWJC No. 9680 of 2013, decided on 09.05.2013.

Petitioner would be well advised to move the concerned local authority in this regard. This Court will not exercise its discretion in such matter.

The writ is otherwise dismissed.

(Ajay Kumar Tripathi, J.) Sanjay/- U