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2023 Supreme(Pat) 516

IN THE HIGH COURT OF JUDICATURE AT PATNA
K. VINOD CHANDRAN, MADHURESH PRASAD, JJ.
Narendra Mandal, Son of Shivnandan Mandal – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.17995 of 2022
Decided on : 03-04-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr.Rajesh Kumar Sinha, Advocate
For the Respondent:Smt. Shilpa Singh, Mr. Gyan Shankar, Advocate

Headnote:

Name Change - Public Interest Litigation - The court dismissed a petition seeking to change the name of a school, ruling that the change would not prejudice the public and was in line with education department guidelines.

Fact of the Case:

The petitioner sought to change the name of a school and Panchayat, citing concerns about the impact on students' certificates and public appointments.

Finding of the Court:

The court found that the name change would not prejudice the public or students, as it was in line with education department guidelines and certificates could be verified.

Issues: The main issue was whether changing the name of the school and Panchayat would prejudice the public and students.

Ratio Decidendi: The court ruled that the name change did not affect public interest and was in line with education department guidelines, dismissing the petition.

Final Decision: The court dismissed the petition, finding it devoid of merit.

JUDGMENT :

1. 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.

2. 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 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.

3. 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 be done away with for the purpose of retaining the school’s name.

4. 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 19.03.2020 with 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 Secondary Education, Government of Bihar has also filed a counter affidavit fully supporting the averments made in the counter affidavit of the DEO, Jamui.

5. 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.

6. 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.

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