IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.5458 of 2010 Ram Krishna Prasad Versus The State Of Bihar & Ors ---------------------------------- 03. 29.07.2011 Heard Mr. Satya Ranjan Sinha, learned counsel appearing on behalf of the petitioner and Mr. Santosh Kumar, assisting counsel to G.A. 8 for the State. The writ petition has been filed for a direction to the respondents to consider the prayer of the petitioner for construction of a Government School on a gairmajarua aam land measuring 1.25 decimals available at village Lalban Bigha(Wen), Nalanda. A counter affidavit has been filed on behalf of the respondents mentioning therein that as the land was by the bank of the river Paimar, hence keeping in view the interest of the children the school is being constructed within the same village at plot no. 2080, khata no. 600 having an area of six and half decimals. It is stated in paragraph-5 of the counter affidavit that the site has been selected keeping in view the welfare of the students in general and considering the fact that the school would be having small children also. It is also stated that construction work of school is in full progress. Learned counsel for the petitioner while admitting this position submits that the area chosen by the respondent authorities for construction of the school in question is very small measuring a meagre six and half 2 decimals when the relevant circulars of the State Government requiring construction of a school over an area measuring 10 to 20 decimals. He submits that the respondents have acted in violation of their own instructions. Undoubtedly, the submission of the petitioner does have substance. However, since it has been stated in the counter affidavit that the school building is already in progress and keeping in mind the welfare of small children, this Court would not delve into the issues as regarding situs of the school. However, the respondent authorities while selecting the site of a school should bear in mind their own circulars requiring appropriate area for construction of a school in future. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)