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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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