IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.686 of 2010 1. GRAM PANCHAYAT SIRNAWAN THROUGH ITS POPULARLY ELECTED MUKHIYA NAMELY SHRI ARBIND KUMAR S/O SHREE JANARDAN PRASAD SINGH R/O VILL +GRAM PANCHAYAT- SIRNAWAN, ANCHAL-CHANDI, PS.BENA, DISTT-NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE MINISTER, DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT BIHAR, PATNA 2. THE PRINCIPAL SECRETARY , DEPARTMENT OF HUMAN RESOURCES AND DEVELOPMENT GOVERNMENT OF BIHAR,PATNA 3. THE DIRECTOR , PRIMARY EDUCATION BIHAR, PATNA 4. THE COMMISSIONER PATNA COMMISSIONARY , PATNA 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION BIHAR , PATNA 6. THE DISTRICT MAGISTRATE -CUM-DISTRICT OFFICER NALANDA AT BIHAR SHARIF 7. THE DEPUTY DEVELOPMENT OFFICER-CUM-CHIEF EXECUTIVE OFFICER DISTT-BOARD,NALANDA AT BIHARSHARIF 8. THE DISTRICT BOARD NALANDA THROUGH ITS EXECUTIVE OFFICER DISTT-BOARD,NALANDA AT BIHARSHARIF 9. THE CHAIRMAN DISTRICT BOARD NALANDA AT BIHARSHARIF 10. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- B.E.P.S.S.A. NALANDA AT BIHAR SHARIF 11. THE BLOCK EDUCATION EXTENSION OFFICER CHANDI,DISTT-NALANDA AT BIHARSHARIF 12. SHRI ARBIND PATEL MEMBER DISTRICT BOARD, NALANDA AT BIHARSHARIF ----------- 3. 10.8.2010 Learned counsel for the State submits that he has filed a counter affidavit on 9.8.2010. The same is not available on record. The Court, therefore, requested the learned State counsel to make available his copy so as not to hold up the proceedings on that ground. The Office is directed to place the counter affidavit on record. Heard learned counsel for the petitioner and the State. 2 The controversy in this case relates to whether the Primary School in question is to be established at Sirnama West or Laximinya Bigha. Ordinarily issues of location of a school are policy matters for the administrator to decide and no writ petition would be maintainable for the same as held in (2001) 10 SCC 75. In the present case, it is the contention of the petitioners that the location at Sirnama West has been decided by the District Board in pursuance of a resolution passed in exercise of its statutory powers with regard to the location of the school under Section 73(17)(i) of the Bihar Panchayati Raj Act, 2006. Counsel for the State submits that the writ petition is belated and the school in question has already been constructed at Laximinya Bigha and is functional since the year 2009. This Court has perused the resolution of the District Board sought to be relied upon dated 7.12.2006 at Annexure-1 to the writ petition. Column 15 notices the name of the Panchayat and revenue village as Sirnama West. The place for opening of the school are recorded in print as Laximinya Bigha. It has then been scored out by hand and replaced in handwriting with the word ‘Sirnama West’. The petitioner has not explained in the writ petition under what circumstances the correction in the resolution by hand has 3 been made. The counter affidavit of the respondents is also completely silent in this regard. If the statutory procedure has been prescribed for location and establishment of the school, it has to be done in that manner alone and in no other manner. The resolution once made under a statutory power can be altered or changed by another resolution in exercise of statutory powers only. The Court is satisfied that the register of the District Board where the minutes of meeting must have been recorded as to what transpired in the meeting on 7.12.2006 before the resolution came to be passed shall be of great relevance in determination of the legality of the correction made. This Court therefore refers the matter to respondent no. 4, the Commissioner, Patna who is expected to examine the original records and then arrive at his satisfaction of the lawful resolution of the District Board for establishment whether it be at Sirnama West as corrected by overwriting or Laximinya Bigha, if the correction remains unexplained or unconsidered in the minutes of the meeting of the Board. The application stands disposed. P. Kumar ( Navin Sinha, J.) 4