IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17028 of 2009 1. JAGNNATH KUMAR DAS S/O LATE LAXMI DAS R/O DHARHARA DAS TOLA, RANIPATTI, P.O.- AMARPURA, P.S.- MURLIGANJ, DISTT.- MADHEPURA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. PROJECT DIRECTOR, SARWA SHIKSHA ABHIYAN, GOVT. OF BIHAR, BELTRON BHAWAN, BAILEY ROAD, PATNA 4. DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 5. DISTRICT MAGISTRATE, MADHEPURA 6. DEPUTY DEVELOPMENT COMMISSIONER, MADHEPURA 7. DISTRICT EDUCATION OFFICER, MADHEPURA 8. DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPURA 9. SUB-DIVISIONAL OFFICER, MADHEPURA 10. BLOCK DEVELOPMENT OFFICER CUM CIRCLE OFFICER, MURLIGANJ BLOCK, MADHEPURA 11. SUB-DIVISIONAL EDUCATION OFFICER, MADHEPURA 12. THE BLOCK EDUCATION EXTENSION OFFICER, MURLIGANJ BLOCK, MADHEPURA 13. ASHOK YADAV S/O RAMESHWAR PRASAD YADAV MUKHIYA SINGIYON GRAM PANCHAYAT, R/O VILL.- SINGIYAON, P.O.- AMARPURA, DISTT.- MADHEPURA 14. BHUPENDRA YADAV S/O RUDRA NARAYAN YADAV R/O VILL.- RANIPATTING SINGIYAON, P.O.- AMARPURA, DISTT.- MADHEPURA 15. GAJENDRA PRASAD YADAV S/O RUDRA NARAYAN YADAV R/O VILL.- RANIPATTING SINGIYAON, P.O.- AMARPURA, DISTT.- MADHEPURA, PRESENTLY WORKING AS INCHARGE HEAD MASTER IN NAWSHRIJEET PRATHAMIK VIDYALAYA, RANIPATTI DHARHARA DAS TOLA, MURLIGANJ BLOCK, MADHEPURA ----------- 2/ 14/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the decision of the respondents to shift the Primary School from village- Ranipatti Darhara Das Tola to village- Ranipatti Singiyon. Section-73 (17)(i) vests jurisdiction in the Zila Parishad to decide on the location of a Primary School and Middle School. Therefore, the location of the Primary School has to be at a place resolved with by the Zila - 2 - Parishad. If the decision for the location has to be changed, that again has to be done in the manner provided for by the Zila Parishad. A decision taken by the Zila Parishad cannot be altered by a third person or authority. The jurisdiction vests with the Zila Parishad alone. Apart from that issue, the Supreme Court in (2001) 10 SCC 75 ( RAJ SHIKSHAN PRASARAK MANDAL Versus STATE OF MAHARASHTRA AND OTHERS) has held that the shifting of a School from one place to another so long as it is not governed by any statutory rules is a matter of policy decision by the State Government. So long as the issues of statutory violations do not arise, the Court in exercise of powers under Article-226 of the Constitution of India should not interfere and it should be left for the appropriate authority to take a decision having the larger public interest in mind with regard to shifting of the location. If what the petitioner contends is correct that the Zila Parishad has, in fact, taken a decision for establishment of the Primary School at Darhara Das Tola, so long as that decision is not annulled and/or modified, the construction cannot be allowed to come up at any other place. Considering that the Zila Parishad is a part of - 3 - grassroots democracy, it is for the Zila Parishad to take appropriate steps for enforcing its own decisions which shall continue to bind the officials of the State Government also on all aspects, including grant of fund etc., in accordance with law. The writ application stands disposed. KC ( Navin Sinha, J.)