IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5053 of 2010 1. JUGESH SINGH S/O LATE KASHI NATH SINGH R/O VILLAGE UTTARI BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD 2. MUNESHWAR SINGH S/O LATE KASHI NATH SINGH R/O VILLAGE UTTARI BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD 3. SURESH SINGH S/O LATE KASHI NATH SINGH R/O VILLAGE UTTARI BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD 4. NARESH SINGH S/O LATE KASHI NATH SINGH R/O VILLAGE UTTARI BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD 5. WAKIL SINGH S/O LATE KASHI NATH SINGH R/O VILLAGE UTTARI BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR AURANGABAD 3. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME CO-ORDINATOR,ALL LITERACY SCHEME, DISTRICT- AURANGABAD 4. SUB DIVISIONAL OFFICER , AURANGABAD SADAR, DISTRICT AURANGABAD. 5. THE ANCHALADHIKARI,NABINAGAR BLOCK, DISTRICT -AURANGABAD 6. THE HEADMASTER INCHARGE, PRIMARY SCHOOL BASAHA, P.S - NABINAGAR, DISTRICT- AURANGABAD ----------- 2 27.04.2010 The petitioners challenge the decision of the Circle Officer as well as the District Superintendent of Education with regard to the selection of site for construction of a Primary School, funds for which have been sanctioned by the State Government. Petitioners state that the Primary School was already functioning at a particular place and adjacent thereto, more lands were donated by private citizens. Petitioners assert that the Primary School started on petitioners’ land which ultimately the petitioners donated to the State by a registered deed of gift. The Primary School ought to have been constructed thereon but instead, at the instance of Circle Officer and the District Superintendent of Education, the same has been shifted away from the main village on another land. Petitioners, apart from other grievance, point out that in view of Section 47 (1) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) which lays down the functions and powers of the Panchayat Samiti, Entry 14 (ii) 2 thereof clearly states that it would be the function and within the power of the Panchayat Samiti under the Act that construction, repair and maintenance of Primary School building vest. Thus, it would be the sole authority of the Panchayat to decide where the construction would be made and it is not open to the Circle Officer or for that matter, the District Superintendent of Education to take such a decision without even bothering to consult the Panchayat. He submits that the School is not for the Circle Officer, the Headmaster or the District Superintendent of Education but for the children of the residents of Panchayat which is a local self-Government and, by virtue of the aforesaid provision, competent to take decision in this regard. Having considered the matter, in my view, unless the Gram Panchayat approves the site for the Primary School, the Primary School cannot be constructed at any other site. The Circle Officer, or for that matter, the District Superintendent of Education can only guide the Panchayat but not drive the Panchayat. In that view of the matter, the decision of the respondents is set aside. They are directed to place the matter before the Panchayat who would select the site and sanction the construction. Accordingly, Annexure-2 being order dated 18th February, 2010 passed by the District Superintendent of Education, Aurangabad is hereby quashed. The writ application, thus, stands disposed of. M.E.H./ (Navaniti Prasad Singh)