IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5247 of 2010 1. RAJAN KUMAR SINGH S/O RAJ KISHORE SINGH, 2. SUNIL KUMAR SINGH S/O DEONATH SINGH, 3. ABHISHEK KUMAR S/O LATE OM PRAKASH SINGH, 4. SANJEET KUMAR S/O BABBAN SINGH, 5. ASHGAR ALI S/O ISHRAIL MIAN, 6. ASHLAM ALI S/O JAMDALI MIAN, 7. MD. SHARIF ANSARI S/O RAFIQUE MIAN, 8. JABBAR MIAN S/O LATE MANSOOR MIAN, 9. RAM LAGAN S/O LATE SHUCHI MAHTO, 10. RAM LAGAN SINGH S/O RAGHUBIR SINGH, ALL ARE RESIDENTS OF VILLAGE- PURUSHOTTAMPUR, P.O.-BAGHACOL, P.S. MAKER, DISTRICT- SARAN. ---- PETITIONERS. VERSUS 1. THE STATE OF BIHAR, 2. THE STATE PROJECT DIRECTOR, BIHAR EDUCATION PROJECT, BELTRON BHAWAN, PATNA, 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, PATNA, 4. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA, 5. THE DISTRICT MAGISTRATE, DISTT.- SARAN AT CHAPRA, 6. THE DEPUTY DEVELOPMENT COMMISSIONER, SARAN AT CHAPRA, 7. THE DISTRICT SUPERINTENDENT OF EDUCATION- CUM- PROJECT CO-ORDINATOR, SARAN AT CHAPRA, 8. THE BLOCK DEVELOPMENT OFFICER, SONEPUR, DISTT.- SARAN, 9. THE BLOCK EDUCATION EXTENSION OFFICER, SONEPUR, DISTT.- SARAN, 10. THE HEADMASTER, UPGRADED MIDDLE SCHOOL BAGHACOL, MAKER, DISTT.- SARAN. ----RESPONDENTS. ----------- For the petitioners : Mr. Vishwanath Prasad Sinha, Senior Advocate, Sanjay Kumar Singh & Rajesh Kumar, Advocates. - 2 - For the respondents-State : Mr. Lalit Kishore, Additional Advocate General-III and Mr. Grijesh Kumar, Advocate. ------- 02. 05.04.2010 Heard Mr. Vishwanath Prasad Sinha, learned senior counsel along with Mr. Sanjay Kumar Singh, learned counsel for the petitioners on the question of admission. In this public interest litigation, the grievance of the petitioners is that a decision was taken under the Central Government Scheme to establish Kasturba Gandhi Residential Girls School at Baghacol. Be it noted, in Baghacol, there is a middle school which was chosen to be upgraded. When the matter stood thus on 12.06.2008 the District Programme Co-ordinator changed the place from Baghacol to Phulwariya. It is submitted by Mr. Singh that after the place was selected, funds were sanctioned and some construction had taken place. Be that as it may, a change of place for the purpose of up-gradation of a school cannot be dwelled upon in public interest litigation as it relates to policy and the power is vested with the authority. - 3 - In view of the aforesaid, we are not inclined to interfere and, accordingly, the writ petition, being devoid of merit, stands dismissed in limine. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)