IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2547 of 2010 1. SEKH ISLAM S/O SEKH SAMSSUDDI R/O VILL JOTAILI, P.S.BIHARIGANJ, DISTT-MADHEPURA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT.OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE MADHEPURA, BIHAR 3. THE SUB DIVISIONAL MAGISTRATE, UDAKISHUNGANJ, MADHEPURA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHEPURA 5. THE DIVISIONAL EDUCATION OFFICER, UDAKISHUNGANJ, MADHEPURA 6. THE BLOCK EDUCATION EXTENSION OFFICER, UDAKISHUNGANJ, MADHEPURA ----------- 02. 24.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The relief prayed in this writ application is to annul the decision changing the location of the Primary School from Mandal Tola, Jotaili to one Kilometer away. The Supreme Court in 2001 (10) SCC 75 (Raj Shikshan Prasarak Mandal Versus State of Maharashtra And Others) at paragraph-3 has clearly held that it shall not be the jurisdiction of the Court under Article 226 to decide location of schools unless there be any materials with regard to statutory violations etc. Learned counsel for the State invites the attention of the Court to Section 73 (17) (1) that it is the District Board, who is competent to take statutory decision with regard to the establishment and location 2 of Primary and Secondary Schools. The writ application is disposed off with directions that the District Board shall take a statutory decision with regard to the location of the school in question within a maximum period of one month from the date of receipt/production of a copy of this order before it. Learned counsel for the petitioner is right in submission that, if the District Board decides for the location of the school on a land other than that donated by the petitioner, physical possession of the lands must be returned to the petitioner within a maximum period of two weeks from the date of such decision, the responsibility for which shall lie with the Collector of the District. The writ application stands disposed. P.K. (Navin Sinha, J.)