IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.5482 OF 2008 MANI PRASAD SINGH, SON OF LATE DURGA PRASAD SINGH, RESIDENT OF VILLAGE MAHUA PASCHIM TOLA, POLICE STATION GHAILARH, DISTRICT MADHEPURA ………………………………………… ……………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE COLLECTOR, MADHEPURA 4. THE BLOCK DEVELOPMENT OFFICER, GHAILARH, MADHEPURA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPURA 6. THE BLOCK EDUCATION EXTENTION OFFICER, GHAILARH, MADHEPURA 7. THE SUB DIVISIONAL OFFICER, MADHEPURA 8. THE MUKHIYA, MAHUA ARRAHA PANCHAYAT, POLICE STATION GHAILARH, DISTRICT MADHEPURA ……..…………………………………………..RESPONDENTS *********** 3 29/11/2011 The petitioner is aggrieved by Annexure 15 and 16 by which a decision has been taken by the Sub Divisional Officer and the District Education Officer, Madhepura along with 16 other members to shift the primary school from Arraha Mahua Dighra Panchayat Paschim Tola to Bhagta Tola. Counsel for the petitioner contends that vide Annexure-1, a decision was taken on 25.09.2006 by the District Superintendent of Education, the District Education Officer and another member of the Committee to establish the school in the Paschim Tola of the Panchayat mentioned aforesaid, however, this decision has been changed in the year 2008 for reasons 2 which are not tenable. Counsel for the petitioner submits and states that the petitioner had already agreed to donate some land for the school and also undertakes to donate whatever land is required so that the school may be established in the Paschim Tola. It is also stated that in the new Tola i.e. Bhagta Tola, there are already two schools running and therefore, the establishment of the third school is absolutely unjustified. The Court cannot understand the manner in which the State Officers function. However, if the construction of school building has already been completed since three years have elapsed, this Court would not like to interfere any further in this matter. However, this Court directs the Director, Primary Education, Government of Bihar, Patna to issue proper guidelines for establishment of a school so that these types of disputes do not arise in future. This Court also noticed that there are several writ applications filed regarding the shifting of the school. At times, a school building already exists and yet the Officers at the Anchal or district level take a decision for shifting the existing school to a new area by shifting the old school building to a building which is to be constructed without considering the fact that it would 3 put a further burden on the State Exchequer, especially if there is already a school functioning in the said area. Perhaps all that is required to be done in such cases is to repair the old building. The State, of course, may establish more than one school in the area as per the requirement of the village, panchayat, anchal, however, the shifting of the school seems to be a very unjustified and in fact no satisfactory explanation has ever been given in Court by the Officers concerned to justify such actions. Counsel appearing on behalf of the State is directed to bring this order to the notice of the Director, Primary Education, Government of Bihar, Patna. This writ application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)