Siddhinath Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9820 of 2018 ====================================================== Siddhinath Singh, son of Late Dhaniram Singh, resident of Village- Parsahi, P.S.- Ladania, District- Madhubani.

... ... Petitioner/s

Versus

1. The Union of India, through the Secretary, Human Resources Development Department, Government of of India, New Delhi.

2. The Secretary, Human Resources Development Department, Government of India, New Delhi.

3. The State of Bihar, through Chief Secretary, Government of Bihar, Patna.

4. The Chief Secretary, Government of Bihar, Patna.

5. The Principal Secretary, Education Department, Government of Bihar, Patna.

6. The District Magistrate, Madhubani.

7. The Deputy Development Commissioner, Madhubani.

8. The Sub- Divisional Officer, Jaynagar, District- Madhubani.

9. The Circle Officer, Ladania, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13 Mr. Rohit Kumar, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey -AAG 15 For the Union of India : Mr. S.D. Sanjay, A.S.G. Mrs. Nivedita Nirvikar, C.G.C.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-07-2018 Seeking instruction for establishment of Kendriya Vidayala in a proposed area as indicated by various authorities in communications brought on the record, this writ petition has been filed seeking a Mandamus to the respondents to open and construct a Kendriya Vidyalaya in the area in question. The issue involved in the matter pertains to opening and construction of a school by the Kednriya Vidyalaya Sangathan. The same is

Patna High Court CWJC No.9820 of 2018(2) dt.09-07-2018 2/2 not covered by statutory provision or constitutional provision. The questions of construction of school and its opening in a particular area are the policy matters of the department concerned and governed by the administrative consideration and various other issues.

In the matter of writ petition, exercising jurisdiction under Article 226 of the Constitution of India, this Court is not required to enter into the matter nor should it inter into the area of such administrative and policy making. We are not inclined to interfere into the matter. The petitioner is granted liberty to take up the issue with the authorities of the State Government for ventilating their grievances.

Finding the issue beyond the jurisdiction of this Court in exercise of its power under Article 226 of the Constitution of India, we refrain from interfering in the matter and the petition is accordingly, disposed of.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) avin/- U