Fate of a case referred by Supreme Court to Patna High Court

State Government attempts to dispute claim about non-functional government school in High Court 

Patna High Court's Division Bench of Ashutosh Kumar, Acting Chief Justice and Justice Partha Sarthy heard a case from Motihari based on Supreme Court's order dated July 8, 2024 passed in Chand Kr. Prasad vs. The State of Bihar & Ors. (2024) on March 7, 2025. The other four respondents were: Chief Secretary, Government of Bihar, Additional. Chief Secretary, Education Department, District Magistrate, East Champaran at Motihari and District Education Officer, East Champaran at Motihari. The respondents were represented by P. K. Shahi, the Advocate General. 

 

The case was filed and registered on July 30, 2024 in the High Court. The petitioner was not represented by any advocate. On August 1, 2024, High Court's Division Bench of Chief Justice K. Vinod Chandran and Justice Sarthy had passed an order which reads:"Since the PIL has been registered suo motu on the directions of the Hon’ble Supreme Court which order also directed that if desired, the petitioner would be given legal assistance, we deem it fit that notice be issued by the Registry to the petitioner. In the meanwhile, the State shall file a counter affidavit to the above writ petition." 

On September 13, 2024, the High Court passed an order which reads:"The matter was sent to this Court by the Hon'ble Supreme Court. The petitioner was concerned about the non functioning of a government school since last six years. The petitioner has been issued notice by e-mail, which has been received, but he is not present today. The learned Advocate General submits that the school is functioning and is in a building other than that pointed out by the petitioner. It is also stated that a land has been earmarked for new building. A counter affidavit with the above submissions have also been filed by the State. Registry to issue notice to the petitioner under both processes, i.e., ordinary as well as registered post with A.D. Await appearance of the petitioner. " 

On November 20, 2024, the High Court passed an order which reads: "The above case has been registered suo motu on the directions of the Hon’ble Supreme Court. The petitioner before the Hon’ble Supreme Court was sent notice by e-mail and he has appeared today in the virtual mode and submits that he is engaging a lawyer.The Counter affidavit filed by the State shall also be sent to the e-mail of the petitioner. The petitioner shall file a vakalatnama as desired by the next posting date and file a rejoinder, if any, to the counter affidavit."

On February 7, 2025, the High Court passed an order which reads:" Under the orders of the Supreme Court, this case was registered suo moto. Despite the petitioner there, viz., Chand Kumar Prasad having been noticed and permitted to file his Vakalatnama, if so desired, he has neither appeared nor has filed his Vakalatnama. The complaint was with regard to nonfunctioning of a Government school for the last six years. The affidavit of DPO, Sarva Shiksha Abhiyan, East Champaran indicates that in accordance with the guidelines issued by the Department of Education, Government of Bihar, the Block Education Officer of Ghorasahan has issued an instruction to start and run the Navshrijit Prathmik Vidyalaya, Yaduvanshi Nagar, Kokarwatola, Block- Ghorasahan in the nearest school i.e., the Upgraded Middle School, Sunderpur. On that guidelines and instructions, referred to above, the Navshrijit Prathmik Vidyalaya is being run in the Upgraded Middle School, Sunderpur, where there are three teachers and 105 students. The affidavit also indicates that 12 decimals of land have been identified and made available for shifting of the school in a different building. It had not been running up till now only for the reason of the school not possessing a building. It is really surprising that a school was sanctioned without any building. Does it mean that all such institutions opened for the benefit of children are on paper only? Nonetheless, in order to be totally satisfied about the veracity of the affidavit referred to above, we direct the District Magistrate, East Champaran at Motihari to have it inquired whether such Navshrijit Prathmik Vidyalaya is running in the neighboring upgraded school and the students and teachers are coming to the school daily. The report must reach this Court not later than 5th of March, 2025.Let this matter be posted for further consideration on 7th of March, 2025."

Chand Kumar Prasad had approached the Supreme Court with a complaint that a Government Primary School in had not been functional for the last six years. The Supreme Court transferred the writ petition to the High Court to be treated as a petition under Article 226 of the Constitution of India. The petitioner on notice appeared on the first occasion but never appeared thereafter before the High Court. But the proceedings continued.

The Court has been informed that the relevant primary school, Navshrijit Prathmik Vidyalaya, Yaduvanshi Nagar, Kokarwatola, Block Ghorasahan was established but due to paucity of separate building, the primary school was being run in a nearby school, viz., the Upgraded Middle School, Sunderpur.  This primary school was established under the Sarva Shiksha Abhiyan of the State. The DPO, Sarva Shiksha Abhiyan has sworn an affidavit that the primary school in question exists where 105 students are enlisted and there are three teachers. The affidavit of DPO also indicates that 12 decimals of land has been identified and made available for construction of a building where the primary school could be shifted. As of now, the primary school has been running in the nearby Upgraded Middle School, Sunderpur. 

The High Court had asked the District Magistrate,

East Champaran at Motihari to affirm the assertion of the DPO after making spot verification. The affidavit of the District Magistrate indicated that the primary school in

question is being run in a nearby Government Upgraded Middle School. 

The High Court's order reads: "It is expected that the 12 decimals of land, which had been identified, be acquired and building be constructed for such school where there are 105 students. The records are consigned." It emerges that State Government has attempted to dispute the claim about non-functional government school in the High Court with the claim that "due to paucity of separate building, the primary school was being run in a nearby school". But the claim seems to indicate that the petitioner's claim is factual. 

The fact remains that the current status of the primary school, Navshrijit Prathmik Vidyalaya, Yaduvanshi Nagar, Kokarwatola, Block Ghorasahan requires further verification as to whether it exists.