TASLIM MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Learned counsel for the petitioner in support of the aforementioned prayer has submitted that the impugned order passed in view of the observations made in the order of this Court dated 10.12.2010 passed in C.W.J.C. No. 16779 of 2009 is contrary to the spirit of law and specially Sections 22, 47(14) and 73(17) of Bihar Panchayat Raj Act (hereinafter referred to as the Act). In this regard he is of the view that though it is the Zila Parishad under Sections 73(17) of the Act which is authorized to take a decision for establishment of Primary School but the location of such Primary School has to be decided by the Gram Panchayat. Reference in this connection has been made by the learned counsel for the petitioner to a Government resolution dated 24.9.2001 which according to him vests power only in Gram Panchayat to select the site of the School.

(3.) On the other hand, learned counsel for the State submits that the writ petition is not maintainable in view of the earlier order dated 10.12.2010 passed in C.W.J.C. No. 16779 of 2009. He has further submitted that the power of establishment including location of a school has been specifically vested in the Zila Parishad and it is the decision of the Zila Parishad which will be binding on Gram Panchayat.