IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10349 of 2008 JAI PRAKASH MISTRY Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Bindhyachal Singh, Advocate For the Respondents : Mr. Prasoon Sinha, G.A. III. --------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 12th August, 2008. The writ petition is wholly misconceived, frivolous and an abuse of the process of the court. It is within the competence of the Panchayat Samiti to decide which Primary school needs to be upgraded in the light of the prescribed norms. 2. If the Panchayat Samiti, Madanpur passed a resolution on 22nd February, 2008 for upgradation of Primary School, Mongrawa and Primary School, Pandrawa to Middle School, such resolution is not amenable to judicial review. Initially, we thought of imposing cost for abusing the process of the court by filing the writ petition in public interest litigation regarding a subject matter which is not amenable to judicial review but then, on second thought, we dropped the idea of - 2 - imposing any cost. 3. Writ petition is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/