The Court dismissed a writ petition challenging the State Government's decision to upgrade a middle school. Finding no evidence of arbitrariness or perversity, and noting the petitioner failed to file a required affidavit, the Court held the decision was not subject to interference.
The writ application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.14499 of 2012 (3) dt.11-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14499 of 2012
====================================================== 1. Vijay Kumar Singh, aged about 60 years, Son Of Late Yamuna Singh Resident Of Village- Kalpa, Police Station And District Jehanabad .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna 2. The Principal Secretary, Education Department, Govt. Of Bihar, Patna 3. The Joint Secretary-Cum-Director (Secondary Education), Govt. Of Bihar, Patna 4. The Education Project Director, Bihar State Education Project Council, Patna 5. The District Magistrate, Patna 6. The Director, Education Department 7. District Education Officer, Jehanabad, District- Jehanabad 8. District Program Officer, Establishment, Jehanabad, District- Jehanabad .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr. Shashi Bhushan Kr. Sc7 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 11-01-2016 Heard. What has been challenged in this writ application by the petitioner who claims to be the resident of village Kalpa is the executive decision of the State respondents to upgrade the middle school, Bazar Tali Prakhand and to start academic session therein. The contention of the petitioner was that the school does not have sufficient land. The executive decision was arbitrary. Considering the pleadings and the submissions of the parties, this Court, vide order dated 04.12.2015, directed the
Patna High Court CWJC No.14499 of 2012 (3) dt.11-01-2016
petitioner to place on record the basis of his challenge of selection of another school by filing affidavit. No such affidavit has been filed. Mr. Kumar supported the impugned decision of the Government which, according to him, does not suffer from any patent illegality. Which school should be upgraded is the decision of the respondent. Such decision of the respondent cannot be interfered with until and unless they are shown to be wholly arbitrary and/or perverse. From the pleadings on record, this Court does not find any such patent illegality in the decision of the Government to upgrade a particular school. This Court does not find any merit in the writ application. It is, accordingly, dismissed.
(Kishore Kumar Mandal, J)
Shyam/-
U
3 issues framed by the court
Whether the executive decision to upgrade a middle school is arbitrary or perverse.
Whether the petitioner has established patent illegality in the selection of the school.
Whether the lack of sufficient land in the school justifies quashing the decision.
Vijay Kumar Singh
The State Of Bihar Through The Chief Secretary
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
