IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7251 of 2010 1. PRABHU NATH SINGH, S/O LATE CHANDRAMA SINGH, R/O VILL.- KAPARIPUR, P.O. NAVIGANJ, P.S. BASANTPUR, DISTT.- SIWAN. ------------- Petitioner Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SIWAN. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN. 4. THE SUB DIVISIONAL OFFICER, MAHARAJGANJ, SIWAN. 5. THE BLOCK DEVELOPMENT OFFICER, LAKARI NAVIGANJ, P.O. NAVIGANJ, P.S. BASANTPUR, DISTT.- SIWAN. ------------ Respondents ----------- For the Petitioner :- Mr. Bipin Bihari Singh, Adv. For the Respondent :- Mrs. N. Agarwal, G.A. 10 ---------- 2 26.04.2010 In this writ petition, the petitioner, professing to act as pro bono publico, has made a prayer for issuance of a direction to the concerned authority for shifting of newly created Primary School, Kaparipur Mushar Toli to any other place including the religious places commonly known as Satiasthan. From reading of the averments made in the writ petition as also the submission of Mr. Bipin Bihari Singh, learned counsel for the petitioner, it would appear that the petitioner had donated certain piece of land of khata nos. 260 & 261 for the newly created Primary School. The 2 petitioner, therefore, has tried to make out a case that the decision of the authorities to run the newly created Primary School, Kaparipur Mushar Toli on any other piece of land by ignoring his donated land exclusively given for the purpose of establishment of aforesaid Primary School, is wholly illogical and arbitrary. In the opinion of this Court, the location and site of a school has to be decided by the authorities of Panchayat in terms of the provision of Gram Panchayat Act, which now has been given full powers as with regard to the functioning of the Primary School. Merely because the petitioner claims to have made certain gift of land will not clothe him to get the school functional at the site proposed by him. Such decision as with regard to the selection of site of the school has to be guided by the administrative exigency and cannot be dictated by any person including the petitioner. These issues, in fact, are exclusively within the domain of policy of the Government in which there can be hardly any scope for interference of this Court under Article 226 of the Constitution of India. Let it be noted that the counsel for the petitioner 3 was not in a position to show violation of any statutory provisions and/or any earlier decision communicated to him that the school, in question, will be established only on the land donated by him. Thus, the petitioner cannot claim the establishment of school on his donated land as a matter of right. That being so, we do not find any merit in this writ petition and the same is accordingly dismissed. There would be no order as to costs. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)