Bipin Kumar vs The State Of Bihar
2023 Latest Caselaw 5017 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No.10355 of 2023
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Bipin Kumar, S/o Late Baleshwar Singh, R/o Village-Makanpur, P.O.- Habbipur, P.S.- Hilsa, District-Nalanda-801302

... ... Petitioner/s Versus

The State of Bihar Additional Chief Secretary, Department of Education, Government of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Jitendra Kumar Rai, Advocate For the Respondent/s : Smt. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date: 03-10-2023

The writ petition is filed in public interest against

Annexure-1, Notification dated 23.06.2023 issued by the

Additional Chief Secretary, Department of Education,

Government of Bihar. The Notification refers to inspections to

be carried out in the schools so as to ensure the presence of

teachers and children, proper implementation of Mid-day Meal

Scheme, conditions of toilets and facility for drinking water and

so on.

2. The petitioner, an Advocate, seeks to challenge

the order on the ground that this would unnecessarily interfere

with the functioning of the teachers and would have a Patna High Court CWJC No.10355 of 2023 dt.03-10-2023

deleterious effect on the departments from which the officials

are sourced to carry out such inspection. The petitioner also

relied on Annexure-4, judgment of this Court.

3. We were at the outset of the opinion that there

could be no public interest litigation filed challenging the order

issued. The inspection is said to be a measure intended at

ensuring the presence of teachers and students as also proper

facilities being provided to the children, for which the State is

expending money. If at all, the inspections caused prejudice to

any of the teachers, it is for them to individually challenge it and

there cannot be any public interest litigation filed.

4. We have looked at Annexure-4 judgment,

which was filed by the President of an Association of Teachers.

Therein, the question was whether the members of a Social

Working Committee of the Rural Organization called 'Jeevika'

can supervise the functioning of the schools. It was found by

their Lordships that the members of 'Jeevika' could be even

illiterate women or the poor and downtrodden members of

society, who would not be equipped to conduct any inspection

of the schools. The aim and object of promoting 'Jeevika' was to

create a kind of self-help group at village level so as to empower

the socially and economically backward members of the Patna High Court CWJC No.10355 of 2023 dt.03-10-2023

community. The supervision of schools carried out by a non-

governmental organization was also frowned upon.

5. We do not think that neither the petitioner in

the present writ petition has the same interest as the petitioner in

Annexure-4 judgment, nor does the cause have any identity. We

hence, dismiss the writ petition on the above reasoning; in

limine.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Sujit/-

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Uploading Date          07.10.2023
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