IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1643 of 2010 1. RENU KUWAR W/O LATE JHAGRU MAHTO R/O VILL MANANPUR(PURBARI TOLA), P.S.ҳKAIYANPUR,DISTT-EAST CHAMPARAN AT MOTIHARI 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 COORDINATOR EAST CHAMPARAN AT MOTIHARI 9. THE AREA EDUCATION OFFICER KESARIA, EAST CHAMPARAN AT MOTIHARI 10. THE BLOCK DEVELOPMENT OFFICER KALYANPUR, DISTT-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 ----------- 2. 11.02.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The relief sought for in this application is for a direction to open and establish a new Primary School at Mananpur, Purwari Tola, Ward No. 9 stated to have been selected by Aam Sabha of the Gram Panchayat. In view of the law laid down in (2001) 10 SCC 75 there is no occasion for the Court to interfere in such executive policy matters especially when they are regulated by statutory provisions. Under Section 73(17)(1) of the Bihar Panchayat Raj Act it is the exclusive jurisdiction of the Zila Parishad to decide on the location for establishment of Primary Schools. The powers of the Gram Panchayat are limited to promotion of public awareness and participation in primary education ensuring full enrolment and attendance in its management as provided for in Section 22(1)(xiii) of the Act. The Power of the Panchayat Samiti under Section 47(14) is limited to the promotion of primary education, construction and repair & maintenance of primary school building. Under the statutory scheme of things, when a designated authority has been provided for to decide on the establishment of the School which necessarily encompasses the location, the Court is not persuaded to make any observation much less pass any positive order. This application is dismissed. Snkumar/- (Navin Sinha,J.)