IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.108 of 2010 SATISH PRASAD MANDAL S/O LATE HALESHWAR MANDAL, R/O VILLAGE HALIMPUR, P.O.ARIHANA, P.S. AZAM NAGAR, DISTRICT-KATIHAR IN THE REPRESENTATIVE CAPACITY OF THE RESIDENTS OF HALIMPUR VILLAGE. -PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, KATIHAR, DISTRICT- KATIHAR. 5. DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR, DISTRICT-KATIHAR. 6. ANCHAL ADHIKARI AZAM NAGAR PRAKHAND, DISTRICT-KATIHAR. 7. BLOCK EDUCATION EXTENSION OFFICER, AZAMNAGAR BLOCK, DISTRICT-KATIHAR. 8. HEADMASTER UPGRADED MIDDLE SCHOOL, BELRAHI, BLOCK AZAM NAGAR, DISTRICT- KATIHAR. -RESPONDENTS _______ For the Petitioner : M/s Dhirendra Kr. Jha, & Jitendra Kr. Mishra For Respondents : M/s. Arvind Kumar, No.1 to 5 Govt.Pleader-17 3 08.01.2010 Though this matter was listed “for orders” yet with consent of learned counsel appearing for the parties it is finally heard. We have heard Mr. Dhirendra Kr. Jha, learned counsel for the petitioner and Mr. Arvind Kumar, 2 Government Pleader-17, for the respondents. The petitioner, a resident of Halimpur village situate in the district of Katihar, has approached this Court alleging that the Primary School that was situated in the village, has been shifted to Belrahi village in the same district which is two kilometers away with the connivance of authorities and without proper order from the State Government. It is not in dispute at the Bar that Belrahi village is two kilometers away from Halimpur village and School was shifted two decades back. It is also not disputed that the School has been upgraded to Middle School. It is submitted by Mr. Jha, learned counsel for the petitioner, that the education has become the primary concern in the 21st Century and it is obligatory on the part of the State Government to provide Primary education to the children of Halimpur village as they face immense difficulty to go to Belrahi village from such other places as a river intervenes. In view of the aforesaid submission put forth by the learned counsel for the petitioner, we are, however, 3 inclined to direct the respondents no.2 and 3, to consider for opening of a Primary School at Halimpur village as small children have to be extended the benefit of Primary education and not to put into jeopardy or any kind of difficulty to go to another village crossing the river. We may note with profit, learned counsel for the petitioner submitted that a land is available at Halimpur. Regard being had to the aforesaid statement, we direct the State authorities to take decision in the matter in objective manner within a period of three months from the date of receipt of order passed today. With the aforesaid observation and direction, the writ petition stands disposed of without any order as to costs. (Dipak Misra, CJ.) (Dr. Ravi Ranjan, J.) AAhmad