IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4476 of 2003 HARDEO PRASAD, Son of late Ram Bishun Prasad, resident of Village-Mahmadpur, P.S.Guraru, District- Gaya. Versus 1.THE STATE OF BIHAR. 2.The Director, Primary Education, Bihar, Patna. 3.The District Magistrate, Gaya, District-Gaya. 4.The District Superintendent of Education, Gaya, District-Gaya. 5.The Area Education Officer, Sadar, Gaya, District- Gaya. 6.The Block Education Extension Officer, Paraiya- Guraru, District-Gaya. 7.The Block Development Officer, Guraru, District- Gaya. 8.The Accountant General, Bihar Patna. ----------- 11 31/7/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Intervener. On the facts mentioned in I.A. No. 373 of 2006, an intervention application of one Md. Mohiuddin, is allowed and he is directed to be impleaded as respondent no.9 to this writ application. From reading of the writ application and the prayer made thereunder it would appear that the petitioner is donor of land in a school situated in Village-Mahammadpur and the grievance of the petitioner is that when he had given such land to the school, the school was known as only Primary school and therefore the respondents, after receiving gift of land by the petitioner, had no jurisdiction to change name of the school by renaming it as Urdu Primary School. In the opinion of this Court, first of all in terms of deed of gift the petitioner was not left for any further right in the 2 matter of user of land as is clear from reading of Annexure-2 itself. That apart, whether the school was initially established as Urdu School or the nature of school was changed during its continuance prior to its being taken over by the Government, cannot be gone into by this Court in the limited scope of Article 226 of Constitution of India. If the petitioner is so confident he may avail remedy before the Civil Court for getting it declared that the decision of the government in changing the name of the school as Urdu school is not correct. This Court infact will have hardly any occasion to go into this highly vexed and controversial question of fact which would requires leading of evidence with oral and documentary, as to whether name of the school has been changed or school’s old character as Urdu school has been only restored. That being so, this application being wholly misconceived is hereby dismissed. Abhay Kumar (Mihir Kumar Jha, J.)