SAFIQUE ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is aggrieved by the order impugned, as contained in annexure 12 dated 7.3.2002, whereby and whereunder Primary School, Sabanpur, Kadwa-2 has been directed to be shifted to Sabanpur, Kadwa-2.

(3.) It is submitted by learned counsel for the petitioner that the school in question is a Government school and the order, issued at the behest of the Minister, who is not incharge of the Primary Education, is wholly without jurisdiction. It is also submitted that the Primary School, Sabanpur, Kadwa-2 is a well established school and a large number of students are partaking education and, therefore, there could have been no occasion to shift the school in question from one place to another. It is further submitted that the District Superintendent of Education, Katihar, has no jurisdiction to issue an order, as contained in annexure 12, and had there been occasion to shift a school, appropriate decision could have been taken by a duly authorised body and not at the behest of the Minister, who was not incharge of Primary Education.