Dismissed¶¶36

Bhavesh Kumar v. The State of Bihar

Patna HC14 Aug 2024CWJC/11856/2024

Case brief

AI extract

What is this about?

PIL dismissed by Patna High Court; school merger treated as government policy domain; judicial orders cannot precipitate school construction/merger decisions; primary school shifted 2 Kms; school run in Community Hall merged with Middle School; barren Gairmajarua Aam land claim rejected; Director Primary Education Bihar merger policy; financial viability of school construction; CWJC No.11856 of 2024; Saharsa; Block Sattarkataiya; decided 14-08-2024; uploaded 22.08.2024.

What did the court decide?

Merger of schools and construction of buildings are strictly within the policy domain of the Government; the mere availability of barren land does not oblige the Government to construct a school building there. ¶¶32

Bhavesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the writ petition filed as a Public Interest Litigation against the merger of a Primary School with a Middle School should be entertained. +2 more

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Court's answer

The Court finds absolutely no reason to entertain the writ petition filed as a Public Interest Litigation and dismisses it.

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Ratio / Principle

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Key takeaways

Decisions on construction of school buildings or, in the alternative, merger of schools involve very many considerations including financial viability and cannot be precipitated by judicial orders.ratio¶¶34
In the Court's perception, primary children travelling 2 Kms. on account of the merger is not too much; commuting with others of their age encourages bonding, ensures camaraderie and educates children on the merits of group activity.ratio¶¶35

Detailed headnote1 paragraphs

Patna High Court (Oral Judgment per K. Vinod Chandran, CJ, bench incl. Partha Sarthy, J) dismisses a Public Interest Litigation (Civil Writ Jurisdiction Case No.11856 of 2024, decided 14-08-2024) by ten residents of Baluwaha, Block Sattarkataiya, Saharsa, directed against the merger of a Primary School (run in a Community Hall) with a Middle School pursuant to the Director Primary Education's decision to merge schools lacking own land and building with the nearest school. Holds that merger of schools and construction of buildings are strictly within the Government's policy domain, involving considerations including financial viability, and cannot be precipitated by judicial orders; mere availability of barren Gairmajarua Aam land does not compel construction of a school there; and regards a 2 Km commute for primary children as 'not too much', fostering bonding and group activity. No reason found to entertain the petition; dismissed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11856 of 2024

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======================================================

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Bhavesh Kumar Son of Bijendra Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Jawahar Yadav, S/o Late Dipo Yadav, Resident of Village- Baluwaha BlockSattarkataiya, P.S. and District- Saharsa.

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Rajendra Yadav, Son of Late Munnilal Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Phuleshwar Yadav, Son of Late Guneshwar Yadav, Resident of VillageBaluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Tarun Kumar, Singheshwari Yadav, Resident of Village- Baluwaha BlockSattarkataiya, P.S. and District- Saharsa.

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Bipin Kumar, Son of Yadunandan Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Narsingh Kumar, Son of Late Siyaram Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Pintu Kumar, Son of Hukumlal Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Vijay Kumar, Son of Late Upendra Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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Rasil Kumar, Son of Chandrakishore Yadav, Resident of Village- Baluwaha Block- Sattarkataiya, P.S. and District- Saharsa.

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... ... Petitioner/s Versus

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The State of Bihar through the Principal Secretary Human Resources Development Department, Bihar, Patna.

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Secretary Human Resources Development Department, Bihar, Patna.

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Director Primary Education, Bihar, Patna.

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District Magistrate, Saharsa.

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Sub-Divisional Magistrate, Saharsa.

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District Education Officer, Saharsa.

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District Programme Officer (Primary Education), Saharsa.

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Block Development Officer, Block Sattarkataiya, District Saharsa.

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Block Education Officer, Block Sattarkataiya, District Saharsa.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate Mr. Amardeep Lokpriya, Advocate For the Respondent/s : Mr. Vikas Kumar, AC to AG ======================================================

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Patna High Court CWJC No.11856 of 2024 dt.14-08-2024 2/3

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 14-08-2024

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The Public Interest Litigation is filed against the merger of a Primary School with a Middle School.

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The contention of the petitioners is that the Primary School has been shifted 2 Kms. away which causes undue hardship to the children. The petitioners also contend that there is a barren land available, the status of which is Gairmajarua Aam, wherein there could be a construction of the Primary School; which was earlier carried on in a Community Hall.

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Admittedly, the Director of Primary Education, Respondent No. 3 has taken a decision by which schools who do not have their own land and building are merged with the nearest school.

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The learned Government Pleader also submits that the school run in a Community Hall was sought to be shifted and merged with the Middle School.

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Merger of schools and construction of buildings are strictly within the policy domain of the Government. Merely because a barren land is available, it cannot be said that the Government should construct a school building there. There are

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Patna High Court CWJC No.11856 of 2024 dt.14-08-2024 3/3

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very many aspects to be considered including financial viability when construction of school buildings or in the alternative, merger of schools are decided. These decisions cannot be precipitated by judicial orders.

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Further the grievance is that the merger will result in primary children travelling 2 Kms., which in our perception is not too much. Whether on foot or on wheels, commuting with others of their age, encourage bonding, ensure camaraderie and educate children on the merits of group activity.

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We find absolutely no reason to entertain the writ petition, which is filed as a Public Interest Litigation and we dismiss the same.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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P.K.P./-

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AFR/NAFR
CAV DATE
Uploading Date	22.08.2024
Transmission Date

Bhavesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhavesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

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