Patna High Court
Rajeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court dismissed the petition, holding that the location of a public school is an administrative decision within the State's exclusive domain and not subject to judicial intervention absent clear illegality.
Summary
Petitioner Rajeshwar Singh filed a public interest writ petition seeking a mandamus directing the State of Bihar to halt construction of a new primary school 1.5 km from Hasanpura and to build it on vacant government land adjacent to the middle school. The petition alleged that the proposed location violated the children’s right to education and sought judicial intervention in the school’s site selection. The Court examined whether the petitioner had any statutory or constitutional right infringed and whether the administrative decision could be reviewed. It held that the establishment and location of educational institutions are within the exclusive domain of the State Government and that no gross illegality or malice was shown. Consequently, the Court dismissed the writ petition, emphasizing judicial restraint in matters of administrative planning.
Issues considered
- Whether the petitioner has a enforceable right under the Right to Education or other statutes to dictate the location of a new primary school.
- Whether the court can intervene in the State's administrative decision regarding school site selection absent illegality or malice.
- Whether the petition constitutes a genuine public interest matter warranting judicial scrutiny.
Subjects
- Public Interest Litigation
- Writ of Mandamus
- Right to Education
- Administrative Discretion
- State Government
- Infrastructure Development
- Judicial Restraint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4235 of 2026
======================================================
Rajeshwar Singh Son of Byash Singh, R/o Village- Hasanpura, P.S.- Obra,
District- Aurangabad, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through Additional Chief Secretary Department of
Education Govt. of Bihar, Patna.
2. The Director Primary School, Govt. of Bihar, Patna.
3. The District Magistrate, Aurangabad, Bihar.
4. The District Education Officer, Aurangabad, Bihar.
5. The District Planning Officer, Aurangabad, Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Harendra Kumar Singh, Advocate
Mr. Ranjit Kumar, Advocate
Mr. Ashok Kumar, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-04-2026
This writ petition, in the nature of Public Interest
Litigation, has been filed by the petitioner Rajeshwar Singh
seeking for the following relief(s):
“i. For issuance of writ in the nature of
mandamus commanding and
directing the respondent authorities
to obstruct the construction of new
building of Primary School at
Hasanpur that is 1 ½ km. away from
the village and to allow the construct
of on new building at Government
vacate land beside Govt. Middle
School, Hasanpura.
Patna High Court CWJC No.4235 of 2026 dt.17-04-2026
2/3
ii. For directing the respondents
authorities to stop the proposal of
construction of new building of
Primary/Middle School that is
located in another village that is
inconvenient for the children of
village Hasanpura.
iii. For any other relief/reliefs to which
the petitioner may found entitled to
the fact and circumstances of the writ
application.
2. Having heard learned counsel for the parties and
perused the materials on record, this Court finds the petition
devoid of merit. It is a settled principle of law that the
establishment, location and infrastructure development of
educational institutions fall within the exclusive domain of the
State Government. The authorities are best placed to assess the
broader educational needs of a district. While the petitioner
claims to represent the interests of the children of Hasanpura,
the proximity of a school, i.e. 1.5 km, does not constitute a
violation of fundamental rights, nor does it demonstrate failure
of the ‘Right to Education’ framework. The choice of one
Government site over another is an administrative decision and
not a matter of judicial scrutiny, unless tainted by gross illegality
or malice; neither of which is present here. The Court should not
decide the specific location for construction of a public utility.
Such interference would impede the State’s developmental
Patna High Court CWJC No.4235 of 2026 dt.17-04-2026
3/3
functions and delay the provision of essential infrastructure.
3. The petitioner has failed to demonstrate any
statutory or Constitutional right that has been infringed. The
preference of a specific group of villagers for a particular plot of
land does not override the administrative discretion of the State.
This Court finds that no genuine public interest is involved in
this matter. The location of a school is a matter of administrative
exigency and planning. The Court must exercise restraint and
refrain from interfering in the State's exclusive domain
regarding infrastructure development unless there is a clear
violation of the law.
4. Accordingly, this writ petition is dismissed.
5. Interlocutory Application(s), if any, shall also
stand disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shailendra/-
AFR/NAFR
CAV DATE
Uploading Date 18.04.2026
Transmission Date
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