Patna High Court
Prem Kumar vs The State Of Bihar on 9 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6829 of 2023
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Prem Kumar, S/o Shree Rama Shankar Sharma, Resident of Village- Naduna,
P.S.-Bhagwanganj, Masaurhi, District-Patna, at present Resident of Mohalla-
Tilak Nagar, Rukanpura, Bailey Road, P.S.- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar,Patna.
3. The Collector, Patna.
4. The District Education Officer, Patna.
5. Radiant International School, Khagaul Road, Patna-801105, through its
Principal.
6. Sarswati Residential School, Prakash Nagar, Shrichanpur, Bihta, Patna-
801111 through its Principal.
7. Shivam Vidya Mandir Patut, Vikram, Patna-801112, through its Principal.
8. B.D. Public School, Buddha Colony, patna-800001, through its Principal.
9. D.A.V. Public School, Board Colony, Punaichak, Rajbanshi Nagar, Patna-
800023, through its Principal.
10. Gyan Niketan, Vithal Vihar Complex, Ranjan Path, Gola Road, Patna
(Danapur)-801503, through its Principal.
... ... Respondent/s
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Appearance :
For the Petitioner : Mr. Himanshu Shekhar, Advocate
For the State : Mr. Kinkar Kumar, SC-9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 09-05-2023
1. The writ application has been filed in the nature of
a Public Interest Litigation (PIL) alleging that the schools are
not complying with the provisions of the Rights of Children to
Patna High Court CWJC No.6829 of 2023 dt.09-05-2023
Free and Compulsory Education Act, 2009 (hereinafter referred
to as "RTE Act") and the schools are not extending the benefits
of the said Act as such children between age 6 to 14 years are
not being provided free and compulsory education.
2. Having gone through the provisions of the RTE
Act, we find that the RTE Act enables effective monitoring of
all requisite standards including the powers to issue directions,
which powers have been conferred upon the Commission for
Protection of Child Rights established at the State level and the
National level as well as the appropriate Government and Local
Authority, as the case may be depending upon the school.
3. From the writ petition, it is apparent that the
petitioner who claims to be interested in enforcement of the
RTE Act, has not taken any steps in this regard by approaching
any of the authorities specified under the RTE Act raising any
specific grievance. Without doing so, he has approached this
Court by making vague and sweeping allegations alleging
deficiencies in implementation of the RTE Act.
4. We, in the circumstances, are not inclined to
proceed with the matter as a PIL and leave it to the petitioner to
invoke the remedies available under the RTE Act.
Patna High Court CWJC No.6829 of 2023 dt.09-05-2023
5. With such liberty, writ application is dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
shashank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.05.2023
Transmission Date NA
