Allowed

Vidyalaya Shiksha Samiti v. the State of Bihar and Ors.

Patna HC21 Apr 2011CWJC/10277/2010

Case brief

AI extract

What is this about?

The High Court held that under Sections 73(17)(i) and 22(13) of the relevant Acts, the Zila Parishad is the statutory authority to decide the establishment and location of primary schools. Consequently, the impugned order relying on the Gram Panchayat resolution to shift the school location was quashed as ultra vires. Writ allowed and order quashed.

What did the court decide?

The impugned order relying on the Gram Panchayat resolution to decide the location of the school was quashed.

Vidyalaya Shiksha Samiti Vs the State of Bihar and Ors. — Education and Admissions | Patna HC (2011)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.10277 of 2010

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1. VIDYALAYA SHIKSHA SAMITI, BANAKATA DUSADH TOLI NEWLY CREATED PRIMARY SCHOOL P.S.KUCHAIKOTE, DISTT-GOPALGANJ THROUGH ITS SECRETARY RAGHAVA SAH, S/O DINANATH SAH, AT A BANAKATA, P.O.DHEBAWA, P.S.GOPALGANJ, DISTT-GOPALGANJ

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 Versus

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1. THE STATE OF BIHAR

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2. THE DISTRICT MAGISTRATE GOPALGANJ

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3. THE DISTRICT SUPERINTENDENT OF EDUCATION GOPALGANJ

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4. THE DISTRICT TEACHER'S APPOINTMENT APPELLATE TRIBUNAL GOPALGANJ

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5. THE BLOCK DEVELOPMENT OFFICER KUCHAIKOTE, DISTT-GOPALGANJ

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6. THE BLOCK EDUCATION EXTENSION OFFICER KUCHAIKOTE, GOPALGANJ

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7. THE MUKHIYA , GRAM PANCHAYAT RAJ BANAKATA , KUCHAIKOTE, DISTT-GOPALGANJ

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8. THE SECRETARY, GRAM PANCHAYAT RAJ BANAKATA, KUCHAIKOTE, DISTT-GOPALGANJ

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 -----------

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2/ 21/04/2011 Heard learned counsel for the petitioner and

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learned counsel for the State.

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The petitioner is aggrieved by the order dated

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6.6.2010 by which the location of the Primary School, Bankatta is alleged to have been shifted.

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Section-73(17)(i) of the Gram Panchayat Act vests the power for establishment of Primary Schools and which necessarily includes the location of the school, in the Zila Parishad. The impugned order opens with the lines that the site was approved by the Zila Parishad, Gopalganj. Thereafter there was a dispute between two rival factions. Rival competing claims for establishment were raised on the eastern side of the canal on

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government lands when the other side wanted it located 200 metres south on government lands donated by Krishna Kumar Mishra.

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Section-22(13) of the Panchayat Raj Act vests power in the Gram Panchayat to promote public

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awareness and participation in primary education and ensuring enrolment and attendance in Primary School and its management. Therefore, the Zila Parishad is the statutory authority to decide on the establishment and location of the schooland not the Gram Panchayat. But, if the Zila Parishad has approved the site recommended by the Gram Panchayat it shall amount to a site approved by the Zila Parishad itself.

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The impugned order, insofar as it relies on the resolution of the Gram Panchayat to decide the location, is therefore not in consonance with the statutory provisions. If the location which has been decided by the Gram Panchayat has been approved by the Zila Parishad, the construction can be made there in accordance with law. Conversely, if the Gram Panchayat has resolved on a site which does not have the approval of the Zila Parishad, it is only the Zila Parishad which can decide the location of the school.

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The writ application is disposed in the aforesaid

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terms.

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( Navin Sinha, J.)

Vidyalaya Shiksha Samiti v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Vidyalaya Shiksha Samiti v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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