IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6488 of 2008 Anjani Kumar, Son of late Sahbir Singh, Resident of Village and P.O. Parthu, PS Ekangarsarai, District Nalanda at Biharsharif. ------ Petitioner. Versus 1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Primary and Adult Education, Government of Bihar, Patna. 3. The Director, Primary and Adult Education, Government of Bihar, Patna. 4. The Regional Deputy Director of Education, Patna Pramandal, Patna. 5. The District Magistrate, Nalanda at Biharsharif. 6. The District Education Officer, Nalanda at Biharsharif. 7. Sri Yaswant Singh, Block Education Extension Officer, Ekangarsarai, District Nalanda at Biharsharif. 8. Mr. Ram Chalitar Prasad, Member of Legislative Assembly (M.L.A.), Resident of Village Barsimha, Mahmatpur, PS Ekangarsarai, District Nalanda. 9. The Mukhiya, Smt. Tripti Kumari, Parthu Gram Panchayat, P.O. Salepur, PS Ekangarsarai, District Nalanda. ------ Respondents. ----------- For the petitioner : Mr. Dinu Kumar, Advocate Mr. Shiw Kr. Prabhakar, Advocate For the respondents : Mr. Rakesh Ambastha, A.C. to A.A.G. 15 ******** 5 18.11.2011 The dispute that has arisen in this writ application is that there was a school running which was known as Primary School, Parthu. It is admitted in the report filed before this Court by the District Programme Officer, Nalanda dated 20.1.2011 that there was a school known as Primary School, Parthu which taught children from Class I to III. At a distance of ½ K.M. the students went for higher studies i.e. from Class IV onwards. In between, the school was transferred to run in a library. Later in a meeting held by Panchayat Samiti a new building was established for running the school. The reasons given by the District Programme Officer, Nalanda is that the school was not recorded or accepted as a government school. The reason provided in the enquiry report does not appear to be very sound. If there was a school running at Parthu, there was no occasion 2 to make a new building and establish the same school at a different place. It would amount to waste government money. There is no report of any educational officer to say that the school running at Parthu was not functioning in accordance with law or that there were no students in the school or that the school building had fallen down. It has also been reported that at present the Aanganwari Centre is running in the said building. This was not the reason for shifting the school, rather the reason lies somewhere else and appears to be motivated by other considerations, which would be obvious from the fact that the Panchayat Samiti had taken the resolution to change the side of the school although they were aware of the fact that there was a school in the locality. Counsel for the petitioner also points out that the present school is about a kilometer away from the older school and the students have to walk one kilometer to reach the school. The said newly constructed school is apparently only for children from 0 to Class III and it is not that the government or the Panchayat Samiti had built a larger building which could house both primary and the secondary section. This Court finds no justification for this newly constructed school. Since the school is already running in a newly constructed building, it would not serve any purpose to disturb the said set up for the present. However, the District Magistrate, Nalanda at Biharsharif should consider and enquire as to whether the children from Parthu are able to attend the classes in the newly constructed school. If the District Magistrate, Nalanda at Biharsharif finds that the villagers of 3 Parthu are not adversely affected, then no direction is required by this Court. However, if the District Magistrate comes to a finding that a large section of the children who were attending school at village Parthu are adversely affected by the fact that the school building has been shifted then the District Magistrate is required to take remedial steps with the help of the Regional Deputy Director of Education, Patna and the District Programme Officer, Nalanda. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)