The Court refused to interfere with the State Government's executive policy decision to upgrade a school, noting it is a non-statutory matter requiring an appeal to the appropriate State authority.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15524 of 2017
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Upendra Singh, S/o Late Bachchu Singh, resident of Village- Bhaluki, Gram Panchayat Aruri, P.O. Budhauli, Pakari Barawan, P.S. Pakaribarawan, District- Nawada, being the Ex- Adhyaksh Bidyalaya Shiksha Samiti, Upgraded Higher Secondary School, Bhaluki and Peoples Representative of Concern Panchayat as Ex- Ward Counseller of Ward No. 8 of Aruri.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15
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CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
one institute by upgrading it in the area in question, contrary to the policy, another school is being upgraded arbitrarily in an illegal manner and seeking undoing of the same, the writ petition has been filed in public interest.
Patna High Court CWJC No.15524 of 2017(2) dt.17-07-2018 2/2
The policy of up-gradation of a school is executive policy of the State and based on various considerations, the State Government having done so and the policy being nonstatutory policy, we are not inclined to interfere into the mater. The matter, in question, being an executive matter, the petitioner may take up the issue with the appropriate authority of the State Government and it is for the State Government to consider the same. The petitioner has liberty to take up the issue with the authority of the State who may look into the matter.
With the aforesaid, the matter stands disposed of.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
Sunil/-
U
2 issues framed by the court
Whether the High Court should interfere with the State Government's executive policy of upgrading a specific school.
Whether the policy is non-statutory and based on executive considerations.
Upendra Singh
State of Bihar
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
