IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1017 of 2011 In Civil Writ Jurisdiction Case No. 1643 of 2010 ====================================================== Renu Kuwar , wife of Late Jhagru Mahto, resident of village- Mananpur (Purbari Tola), P.S. + Block- Kalyanpur, District East Champaran at Motihari. .... .... Appellant/s Versus 1. The State Of Bihar through the Secretary, Department of Human Resources, Govt. of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The Director, Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, Patna. 4. The Commissioner, Tirhut Division, Muzaffarpur. 5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 6. The District Magistrate, East Champaran at Motihari. 7. The District Education Officer, East Champaran at Motihari. 8. The District Superintendent of Education-cum- District Programme Co-Ordinator, East Champaran at Motihari. 9. The Area Education Officer, Kesariya, East Champaran. 10. The Block Development Officer, Kalyanpur, District- East Champaran. 11. Sri Arvind Kumar Singh, The Block Education Extension Officer, Kalyanpur, East Champaran. 12. The Pramukh, Kalyanpur Block, East Champaran. 13. The Mukhiya, Gram Panchayat Raj Siswa Kharar, Kalyanpur Block, East Champaran. .... .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kishore Singh For the Respondent/s : Mr. Madhuresh Prasad GP 12 with Mr. Prabhat Ranjan, A.C. to G.P. 12. Patna High Court LPA No.1017 of 2011 (3) dt.21-07-2011 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 20-07-2011 Learned advocate Mr. Sanjay Kishore Singh is not present on call. He was not present earlier also. This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 11th February 2011 passed by the learned single judge in above C.W.J.C. No. 1643 of 2010. The appellant filed above C.W.J.C. No. 1643 of 2010 under Article 226 of the Constitution for a direction to the respondent- authorities “to open and establish the new Primary School at Mananpur, Purwari Tola, Ward No. 9 at the place duly selected and approved by the Aam Sabha of the Gram Panchayat at the earliest.” The learned single judge has rejected the writ petition on the ground that the matter pertains to the policy matter of the State Government. This Court in exercise of the power of judicial review under Article 226 of the Constitution shall not interfere with such policy matter. Reliance is placed on the judgment of the Patna High Court LPA No.1017 of 2011 (3) dt.21-07-2011 3 Hon’ble Supreme Court in the matter of Raj Shikshan Pasarak Mandal Vs. State of Maharashtra and others [(2001) 10 SCC 75]. We agree with the learned single judge. No case for interference is made out. The Appeal is dismissed in limine. B Tiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)