Kishan High School and Others vs The State of Bihar and Others

Chakradhari Sharan Singh, J.—The appellants in the present Letters Patent Appeal are aggrieved by an order, dated 29.10.2013, passed by the learned Single Judge, in C.W.J.C. No. 20144 of 2012, whereby the writ application filed by the appellants has been dismissed. Appellant No. 1, namely, Kishan High School, Badakar, in the district of Nalanda, is the privately run school, whereas, appellant No. 2 claims to be the Secretary of said School. They were petitioners in C.W.J.C. No. 20144 of 2012. They challenged a tender, invited by the Bihar State Educational Infrastructures Development Corporation Limited, for construction of the buildings of the schools at different places in different districts, including one school, at Silao, in the district of Nalanda, on the ground that the Government School, sought to be established at Silao in the district of Nalanda, was very near to the appellants'' school. The appellants questioned the establishment of said Government School near already existing private school being in teeth of the policy, decision of the State Government that the School should not be opened within the radius from 5 kilometers from existing school. The learned Single Judge rejected the appellants'' claim, recording that the policy of the State Government, as relied upon by the appellants, is applicable to the case of Government School and if a Government School existed at a place from before there, then, in that case, another Government School may not be opened within the radius of 5 kilometers.

We do not find any infirmity in the reasoning assigned by the learned Single Judge, while dismissing the writ application. Secondly, we are of the opinion that the appellants, who run a private school, do not have any locus standi to resist establishment of a Government School nearer to the said private school. In our opinion, it is a frivolous appeal, which deserves to be dismissed in limine and is, accordingly, dismissed.