KRISHNA DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE grievance of the petitioner in this petition filed as a public interest litigation is that a primary school which had initially been opened in the village Dudhar after deliberations by the Gram Panchayat has been shifted on the pressure of a State Minister for two reasons to another village Koeri Bigha.

(2.) THE court is expressing nothing on merits but truly one thing needs to be understood that in reference to Article 243G of the Constitution of India in the matter relating to powers, authority and responsibilities of Panchayats, read with Eleventh Schedule, item 17, these are matters relating to Panchayats. Item 17 reads "education, including primary and secondary school." Further, section 22 of the Bihar Panchayat Raj Act, 1993 sub -section (xiii) refers to functions of Gram Panchayat in the context of education, including primary and secondary schools.

(3.) WITH the aforesaid observations this matter is consigned.