This Public Interest Litigation filed by one Mishri Lal Bhagat is to the effect that the village school which was otherwise earmarked 40 years ago on a certain plot is now being attempted to be shifted to another place though in the same village.

On record is a circumstance that a suit under Order 1 Rule 8 of the Code of Civil Procedure has been filed by certain residents of the village raising issues whether shifting of the school ought to be undertaken or not.

The said suit did not proceed and was consigned and an appeal against that order was permitted to be dismissed in default.

The plain issue is how far it would be appropriate for the High Court to permit issues to be raised in a Public Interest Litigation when issues were permitted to be raised in a suit and the suit was permitted to be consigned. The prerogative writ jurisdiction of the High Court is not meant for repetitive litigation.

Further, in so far as the shifting of the school or for giving grant to the school for its maintenance is concerned, after the Constitution was amended by the 73rd and 74th amendments, the Panchayats in Bihar are possessed with powers to cater for primary and secondary education under item 17 of the Eleventh Schedule read with Section 22 (13) of the Bihar Panchayat Raj Act.

The petitioner will always have the liberty to have the issues debated in the village Panchayat itself. This aspect is a matter local to the village people and the local Panchayat. In the circumstances, the Court is not inclined to issue notice on this petition.