IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2136 of 2010 NARMADESHWAR TIWARY Versus THE STATE OF BIHAR & ORS ----------- 02. 13.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions the relocation of the school from one location to another in the same ward. Ordinarily the location of school or its shifting is purely an administrative matter within the realm of the administrator, as held in 2001 (10) SCC 75 (RAJ SHIKSHAN PRASARAK MANDAL VERSUS STATE OF MAHARASHTRA AND OTHERS). This Court shall not interfere with such administrative decision. There is no statement in the writ application that the earlier location was decided in exercise of any statutory powers under Section 73 (17) of the Bihar Panchayat Raj Act, 2006. Needless to state that, if there was a statutory resolution of the District Board with regard to the earlier location of the school, any change in the location has to be in accordance with the statutory procedure by a fresh statutory resolution. In absence of the same, shifting the location of the school shall not be sustainable. If the petitioner represents before the District Superintendent of Education, East Champaran at Motihari and places before him necessary materials with regard to any statutory resolution for location at the earlier place and urges that there has been no fresh 2 statutory resolution for change in location, the District Magistrate is required to proceed in accordance with law. The application stands disposed. P.K. (Navin Sinha, J.)