Patna High Court
Narendra Mandal vs The State Of Bihar on 3 April, 2023
Bench: Chief Justice, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17995 of 2022
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Narendra Mandal, Son of Shivnandan Mandal, Resident of Village- Taridabil,
P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Director, Higher Secondary Education, Government of Bihar, Patna.
4. The Secretary Bihar School Examination Board.
5. The District Magistrate, Jamui.
6. The District Education Officer, Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate
For the Respondent/s : Smt. Shilpa Singh (GA-12)
Mr. Gyan Shankar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-04-2023
The above Public Interest Litigation raises the
question of change of the name of school from Utkarmit Uchch
Madhyamik School, Taridabil, Khaira, Jamui to Utkarmit
Uchch Madhyamik School, Dabil, Khaira, Jamui. The
petitioner is concerned with the change of the name of the
Panchayat; from Taridabil to Dabil.
It is the contention of the petitioner that as could be
seen from the documents produced as Annexure-1 series,
students have passed out the Secondary School Examination of
Patna High Court CWJC No.17995 of 2022 dt.03-04-2023
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2022 from the school with its name shown in the certificate as
UHS, Taridabil (Upgraded Higher Secondary School,
Taridabil) having Code No. 22421, as issued by the District
Education Officer, Jamui. It is the contention of the petitioner
that those who have passed out from the school and appointed
in the Army and Para Military Forces would be prejudiced
when verification of their passing out school is made by the
Appointing Authority. It is asserted that if need be, the Senior
Secondary status of the school; i.e. the upgradation can be done
away with so as to maintain the name of the village in which
the donor of the lands for the establishment of the school hail
from. It is also the contention of the petitioner that the present
Principal of the school has hatched a conspiracy with the
villagers of Dabil to change the name of the school from
Taridabil to Dabil. Many villagers, it is said, have raised a
complaint regarding the change of name of the school.
We are unable to comprehend as to how the change
in the name of a school would prejudicially affect the public.
The donors of the land, in which the school has been
established, cannot have any further say in the matter,
especially when the intention was to facilitate education in the
village. It is also puerile to contend that the upgradation should
Patna High Court CWJC No.17995 of 2022 dt.03-04-2023
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be done away with for the purpose of retaining the school's
name.
We have also looked at the counter affidavits filed
by the official respondents. The District Education Officer,
Jamui in his counter affidavit states that the Director,
Secondary Education, Bihar has issued guidelines dated
19.03.2020with respect to nomenclature of upgradaded Middle Schools. Paragraph No. 4 requires upgradation of a Middle School to be accompanied with the inclusion of the name of the concerned Panchayat. The Middle School at Taridabil is established and functioned under the Dabil Gram Panchayat but, however, earlier the District Education Officer, Jamui without considering the guidelines issued by the Director, Secondary Education, Bihar granted Code number to the school as 22421 which was in the name of UHS School, Taridabil, Khaira, Jamui. However, noticing the guidelines and its non-compliance, the District Education Officer, Jamui by subsequent letter dated 08.02.2023 recommended to the Secretary, Bihar School Examination Board, Patna for correction and rectification of the school's name as UHS, Dabil; which does not prejudice; in particular, any outgoing student or in general, the public. The Director, Higher Patna High Court CWJC No.17995 of 2022 dt.03-04-2023 4/4 Secondary Education, Government of Bihar has also filed a counter affidavit fully supporting the averments made in the counter affidavit of the DEO, Jamui.
As to the contention with respect to students who have passed out facing difficulties on verification in pursuance to public appointments, it remains just an apprehension. The Education Department and its officers have specifically spoken of the change in name which was effected after the earlier Academic Year and they could certify the genuineness of the certificates issued.
We are of the firm opinion that there is no public interest involved and the above writ petition is devoid of merit and the same is liable to be dismissed; which we do.
(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 05.04.2023 Transmission Date