IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4657 of 2010 1. NASO KHAN S/O LATE PHUNAN KHAN R/O VILL.- GANESHPUR, P.O.- BARAKALAN, P.S. KOTHI, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. DISTRICT SUPERINTENDENT OF EDUCATION, GAYA, DISTT.- GAYA 3. BLOCK EDUCATION OFFICER, IMAMGANJ BLOCK, DISTT.- GAYA 4. CIRCLE OFFICER, IMAMGANJ ANCHAL, DISTT.- GAYA ----------- 3/ 28/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the shifting of the Primary School from the earlier assigned location. It is contended that funds had been sanctioned and certain constructions had also been commenced whereafter it is proposed to be shifted to another location. Under Section-73(17)(i) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) vests jurisdiction for establishment of a Primary School in the Zila Parishad. The establishment of the school shall necessarily take within its ambit the location also. If the Statute prescribes a procedure for identifying a location for establishment of a Primary School it can be done only in the manner prescribed and in no other manner. Therefore, it is for the Zila Parishad alone to decide where the Primary School shall 2 be located. Such matters do not pertain to the domain of the Writ Court under Article-226 of the Constitution of India as held in (2001) 10 SCC 75 (RAJ SHIKSHAN PRASARAK MANDAL Versus STATE OF MAHARASHTRA AND OTHERS). The writ application is dismissed. KC ( Navin Sinha, J.)