Most. Renu Kuer v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14829 of 2015 ======================================================

1. Most. Renu Kuer w/o Late Jhagru Mahto, resident of village- Mananpur (Purbari tola), P.S.- Kalyanpur, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Human Resources, Govt. of Bihar, Patna

2. The Director, Primary Education, Govt. of Bihar, Patna

3. The Director, Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, Patna

4. The Commissioner, Tirhut Division, Muzaffarpur

5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

6. The District Magistrate, East Champaran at Motihari.

7. The District Education Officer, East Champaran at Motihari.

8. The District Superintendent of Education cum District Programme Coordinator, East Champaran at Motihari.

9. The Area Education Officer, Kesaria, East Champaran

10. The Block Development Officer, Kalyanpur, East Champaran

11. The Block Education Extension Officer, Kalyanpur, West Champaran

12. The Pramukh Kalyanpur, Block, East Champaran

13. The Mukhiya Gram Panchayat Raj, Siswa Kharar, Kalyanpur Block, East Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Respondent/s : Mr. M.K. Singh- SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER 20-06-2017 Heard learned counsel for the parties.

The grievance of the petitioner is that new Primary School should be established at Mananpur, Purbari Tola, Ward No.9, P.S.-Kalyanpur, in the District of East Champaran (Motihari) and not at Yamunapur, Harizan Tola. In my view, after having gone through the pleadings in the writ petition and the counter affidavit filed on behalf of

the State of Bihar, the High Court exercising writ jurisdiction cannot go into the dispute of such nature. The State Respondents are the best persons to decide where the building of School is to be located and where a Primary School is to be established.

The Court's interference in such matter in exercise of power under Article 226 of the Constitution of India may be required, if there is glaring breach of any binding statutory provision. The matter does not require interference. This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) ArunKumar/- U