Ravindra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1401 of 2017 =========================================================== Ravindra Kumar Singh Son of Late Ram Karan Singh Resident of Village Kalpa, P.S. Kalpa, District Jehanabad, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

4. Director, Administration, Department of Education, Govt. of Bihar, New Secretariat, Patna.

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

For the Petitioner/s : Mr. Avinash Shekhar, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG-15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 05-07-2017 The petitioner has filed this writ petition for the relief claimed as under:- (i) To issue an appropriate writ, order or direction for initiation of a high level enquiry, preferably by a committee of retired High Court Judges, into the widespread and rampant mismanagement and maladministration prevailing in the Department of Education, Government of Bihar which has caused irreparable loss nd injury to the entire education system. (ii) To issue an appropriate writ, order or direction in the

Patna High Court CWJC No.1401 of 2017 dt.05-07-2017 2/3 nature of mandamus commanding the Respondent to ensure that objects and policies of the Right to Education Act are made practical and implemented effectively in order to ensure the Education to all.

(iii) To issue further an appropriate writ, order or direction in the nature of mandamus commanding the Respondent Authorities to streamline the management and administration of the entire Department of Education in order to check the rampant mismanagement, anarchy and widespread misuse of government money in the various schemes.

For such a roving enquiry into the so called widespread and rampant mismanagement in the Education Department of the State Government, this Court cannot constitute a Committee and direct for an enquiry. Specific instance of mismanagement if pointed out to the authorities can be looked into and if the authorities do not take action or enquire as per the law action can be taken. However based on the vague averments made in the writ petition particularly the general allegation made, we are not inclined to interfere into the matter. However, liberty shall be available to the petitioner to point out specific acts of commission/omission, which, according to the petitioner, amounts to mismanagement and we are hopeful that the authorities shall look into the specific instance and thereafter in case the petitioner has any grievance subsisting, he shall have liberty to

Patna High Court CWJC No.1401 of 2017 dt.05-07-2017 3/3 initiate proceedings in accordance with law.

In the present case on the basis of vague and unspecific allegation made in the wit petition, we are not inclined to interfere in the matter.

We dispose of the matter with the aforesaid observations and liberty to the petitioner.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2017 Transmission Date