Patna High Court
Ranjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court declined to interfere with the 2017 school‑merger order and disposed of the writ petition.
Summary
The petitioner, a member of the school committee of Primary School Bedhna Jhuggi Jhopri, filed a writ petition seeking to quash a 2017 order (letter no. 537, serial no. 12) that directed the merger of his school with Primary School Rampur Tola, located two kilometres away. He argued that the merger caused hardship for local students and that a representation signed by all residents had been ignored. The State contended that the order was a policy decision and that the petition was filed after a five‑year delay, when the students were already studying at the merged school. The court observed that more than five years had elapsed since the tagging order and found no sufficient reason to interfere with the administrative decision. It directed the petitioner to approach the District Education Officer with a written representation and disposed of the writ petition without granting any relief.
Issues considered
- Whether the court should entertain and quash the 2017 administrative order directing the merger of the primary school after a delay of five years.
- Whether the delay in filing the writ petition bars judicial interference with the policy decision of the State.
Subjects
- school merger
- administrative order
- writ petition
- delay in filing
- education department
- right to education
- public interest litigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2174 of 2022
======================================================
Ranjeet Paswan S/O - Jagdish Paswan Resident of Village - Bhabanipur
Pachimi, Bedhna P.S. - Barh, District- Patna through its School Committee
Primary School Bedhna Jhuggi Jhopri, Bhabanipur P.S. - Barh, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Education Department,
Patna.
2. The Director Primary Education Department, Education Department, Patna.
3. The District Magistrate Patna, District- Patna.
4. The District Education Officer Patna, District- Patna.
5. TheDistrcit Programme Officer (Established) Patna, District- Patna.
6. The Block Education Officer Barh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Ziaul Quamar, Adv.
For the Respondent/s : Mr. Jitendra Kr. Roy 1, SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 29-01-2026 Heard the parties.
2. The petitioner who claims to be a member of the
School Committee, Primary School Bedhna Jhuggi Jhopri,
Bhabanipur, Barh, Patna has preferred the writ petition
seeking quashing of the letter no. 537 dated 04.06.2017 to
the extent it relates to serial no. 12 whereby the Block
Education Officer, Barh directed to merge the Primary
School Bedhna Jhuggi Jhopri with Primary School Rampur
tola-Bedhna which is two kilometer far from the present
school only on the ground that the school is without any
Patna High Court CWJC No.2174 of 2022(3) dt.29-01-2026
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building.
3. Learned Advocate for the petitioner submitted
that besides the fact the students of the nearby locality have
compelled to travel two kilometers from the present school,
they are also facing various other impediment in pursuing
their studies. Moreover, the school in question which is
tagged with Primary School Rampur tola-Bedhna has also a
hall and, as such, it is prayed that the Primary School Bedhna
Jhuggi Jhopri which is running in Maha-dalit tola be restored
to its original place. It is further contended that redressal of
the grievance, the petitioner has also approached before all the
authorities concerned. The representation contains the
signature of all the residents of the locality, but, till date no
decision has been taken.
4. Learned Advocate for the State submits at the Bar
that the order of tagging of the school in question was passed
long back in the year 2017 in terms with the policy decision of
the State Government, however the present writ petition has
been filed after a delay of five years and now the students are
pursuing their studies. Shifting of the school after five years
would cause further problem.
5. Be that as it may, considering the fact that more
Patna High Court CWJC No.2174 of 2022(3) dt.29-01-2026
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than five years have been lapsed after the order of tagging of the
school having been passed, this Court does not find any reason
or occasion to interfere in the writ petition, however if the
petitioner is so advised, he may approach before the concerned
District Education Officer by filing a written representation
stating all the facts.
6. In case such a representation is filed, he shall look
into the matter and take appropriate action. 3
7. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
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