IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10542 of 2002 OM PRAKASH SAHU, SON OF SRI MAWE LAL SAO, RESIDENT OF LINE PER, PROFESSOR COLONY, MIRJAPUR, P.O. & P.S.- NAWADAH, DISTRICT NAWADAH. ……………………… PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE D.M. NAWADAH. 3. THE S.P. NAWADAH 4. THE INCHARGE, WOMEN CRIME CONTROL CELL CUM ADVICE CENTRE, NAWADAH, DISTRICT NAWADAH. 5. THE ADVISORS, WOMEN CRIME CONTROL CELL CUM ADVICE, CENTRE, NAWADAHM, DISTRICT NAWADAH. 6. THE MRS. SUDHA KUMARI, NATIONAL PUBLIC SCHOOL, STATION ROAD, NAWADAH, IN FRONT OF DEVI ASTHAN, NAWADAH. ----------- 6. 23.4.2009 Heard counsel for the petitioner and the counsel for the official respondents as well as private respondents. The petitioner in this writ application claiming to be a Proprietor of a Middle School in the name and style of Indian Public School has approached this Court for the following reliefs: “That this is an application for issuance of a writ or writs, order or orders, direction or directions in the nature of certiorari to quash the letter no. 11 dated 6.5.2002 along with the letter no. 58 dated 3.8.2002 issued by the Advisors, Women Crime Control Cell cum Advice Centre, Nawadah, by which they have ordered the petitioner to handover the Indian Public School to Mrs. Sudha Kumari 2 other wise unnecessary actions will be taken and in second letter they have ordered to appear before the Cell on 19.8.02 other wise the previously passed order will be executed in legal manner.” Respondent no.6 is none else but is the sister-in-law (Bhabhi) of the petitioner and a dispute on account of certain coercive action taken by the petitioner and his family members had led to intervention of the aforementioned Mahila Apradh Niyantaran Koshang. The petitioner is quite emphatic that such Women Cell may have a role to play in conciliation and/or mediation of any family dispute but they had no power of the power of the civil court as has been exercised in the present case by directing the petitioner to handover the possession of the school in question. Counsel for the petitioner however could not satisfy this Court as to whether the school has been functioning under the approval or permission of the State Government and/or district authorities. Since it is the case of the petitioner himself that the said school is imparting 3 education up to Class VII for the general people, its establishment and functioning has to be regulated by the State because Article 45 mandates that the State shall endeavor to provide free and compulsory education for all children until they complete the age of 14 years. It is only in the backdrop that the State a regulatory control even in respect of private schools. In that view of the matter, the functioning of the school which becomes the subject matter of dispute itself has to be first gone into by the competent authority, namely, District Education Officer, Nawadah/ District Superintendent of Education, Nawadah who will visit at once and would find as to whether the school has been functioning with the prior approval of the competent authority and whether the school fulfils the required requisite standard. He will also look into the aspect as to who was the person who had initially established the school and whether such person including respondent no.6 have been sought to be displaced by any action of the petitioner. In the event the authorities of the 4 Education Department in the district of Nawadah would find that there has been violation of law, they will be also competent to take appropriate steps against the erring person. This Court, however, must indicate that the advisory role of the Women Cell cannot exceed to the extent of issuing a direction for restoration of the property and as such, the two orders if not acted till date, will not be given effect to till completion of the aforesaid enquiry by the competent authority of Education Department at Nawadah. However, nothing will come in the way of the District Education Officer/ District Superintendent of Education to take any remedial step for securing the right of respondent no.6 either in capacity of part of the management of the school or the teacher of the school. With the aforementioned observation and direction, this writ application is finally disposed of. (Mihir Kumar Jha,J.) Surendra/ 5