IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16779 of 2009 1. VIKASH RAI S/O CHANDRAMA RAI R/O VILL- SADAUWA, P.S- SIDHWALIA, DISTT- GOPALGANJ Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, GOPALGANJ 4. THE DEPUTY DEVELOPMENT COMMISSIONER GOPALGANJ 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ 6. THE CIRCLE OFFICER, BARAULI, GOPALGANJ 7. THE BLOCK EDUCATION EXTENSION OFFICER, BARAULI, GOPALGANJ ----------- 02. 10.12.2010 Heard learned counsel for the petitioner and for the intervenor. The controversy in this case relates to construction of a Primary School building and its location. The location of a school is basically a matter of executive policy and there is no occasion for the Court to sit in the chair of the executive and take other such policy decisions which in any event the executive is in a better position to decide based on ground realities unless there be any statutory violations as noticed in 2001 (10) SCC 75 (RAJ SHIKSHAN PRASARAK MANDAL VERSUS STATE OF MAHARASHTRA & OTHERS). Both the petitioner and the counsel for the intervenor have been unable to demonstrate before the Court that any decision had been taken by the Zila 2 Parishad under Section 73 Sub-clause-17, Sub-clause (1) with regard to the establishment of the Primary School in question either at the original location where the petitioner wants it or the subsequent location where the intervenor wants it. If, the power is vested in the Zila Parishad, it alone can take a decision for the location of the school. If the construction is then sought to be made at a location other than that resolved by the Zila Parishad, a cause of action may arise to the aggrieved. The application stands disposed with the aforesaid directions. P.K. ( Navin Sinha, J.)