IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9083 of 2011 Nirpendra Patel, son of Late Ram Rakchha Patel, resident of Village Rachiyahi-Naya Tola, Gram Panchayat Ramdiri-4, P.S. Matihani, District Begusarai. ..........Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Department, Bihar, Patna 3. The State Project Director, Bihar Secondary Education Council, Bihar, Patna. 4. The District Education Officer, Begusarai 5. The Block Extension Education Officer, Matihani, Begusarai .......Respondents ----------- 2 19.5.2011 In the instant writ petition, which has been filed in the nature of Public Interest Litigation, the petitioner seeks a direction for up-grading the Utkramit Madhya Vidyalayai Rachiyahi-Naya Tola, Gram Panchayat-Ramdiri 4, Block Matihani, District Begusarai into a high school. The petitioner states that the school in question fulfills all requisite criteria for up-gradation to a high school. In support of his submission, learned counsel has referred to recommendation of the Block Education Officer, Matihani as well as the District Education Officer, Begusarai, contained in Annexure-1 and 2. Learned counsel submits that instead of up- grading the petitioner’s school as a high school, the 2 government has up-graded one nearby Middle School Jagatpura, Matihani as a high school. He submits that Middle School Jagatpur, Matihani does not fulfill the requisite criteria for up-gradation as it has strength of only 400 students whereas the petitioner’s school has strength of 1200 students and larger accommodations. On the other hand, learned State counsel submits that on the own showing of the petitioner contained in paragraph 14, it would appear that the Middle School Jagatpura, Matihani has been up-graded to a high school which is at a distance of 3 KMs from the petitioner’s school. He submits that as per the guide lines of the government, two high schools cannot exist within the radius of 3 KMs. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears from the materials on record that both the petitioner’s school as well as Middle School Jagatpura, Matihani are government Middle schools and on the own showing of petitioner are situated within vicinity of 3 KMs. The Government in its wisdom has up-graded Middle School Jagatpura, 3 KHAN Matihani to a high school. The decision to up-grade the school is in executive domain and the Courts would be generally loath to interfere with such decision, which is based on numerous factors and considerations. We do not find any merit in this application and it is accordingly dismissed. (S.K.Katriar,J) (S.P.Singh,J)