Amidst the severe cold in Bihar, heat has increased between the Education Department and Patna District Administration. Officials of KK Pathak’s department and DM Chandrashekhar The dispute between is increasing. The Director of Secondary Education has expressed displeasure over the closure of schools in the district by Patna DM without taking permission from the Education Department. He has officially written a letter to Patna DM on Tuesday saying that it was not expected from you (Patna DM) that despite the clear order of the Education Department, you would close the school without taking permission. He has also requested all the magistrates to cooperate with the department in making six lakh teachers have the habit of coming to school regularly.
You, not the education department, violated your jurisdiction: Kanhaiya Srivastava.
Director of Secondary Education Kanhaiya Prasad Srivastava has told DM Patna that the jurisdiction you have mentioned in your letter. The Education Department has not violated it. Rather, you have gone beyond your jurisdiction and passed a completely erroneous order under Section 144.
When and how will government establishments function? There is a regulatory mechanism for that. Therefore, imposition of Section 144 of CrPC is completely inappropriate. Your respective order is interference in the jurisdiction of the Education Department. He has written that traditionally it is wrong to impose Section 144 on schools. Still, if it was necessary to close the school, you could have made such a request to the education department.
If challenged, clarification can be given in the court
The Director of Secondary Education has unannouncedly challenged DM Patna and said that if your order in this matter is challenged in the court, you may have to give clarifications. For example, DM Patna may have to tell that only the health and life of children are at risk in the cold wave. The lives of sick and old people are not in danger. On what basis was this believed?
What preparations were made to implement Section 144?
Similarly, the Secondary Director has not closed down business establishments, shops and cinemas etc. apart from schools, but you have not even changed their timings. Despite the imposition of Section 144, children are seen coming and going from place to place. In such a situation, what preparations were made to implement Section 144? Besides, it can also be asked on what basis the conduct of special classes for Mission Daksh and board exams was freed. There is mutual contradiction in your above orders.
Leave order does not stand judicial review: Education Department
Kanhaiya Prasad has raised questions as to how Patna DM studied the temperature chart. How was the review done, on the basis of which the leave related order was issued on your behalf. This order of yours does not stand judicial review at all. However, the Director of Secondary Education also made it clear in his letter that since this is a matter of two different organs of the government. Therefore, the Education Department is not challenging your order in the High Court.
How was the conclusion about the threat reached?
The Secondary Director said that you deliberately violated the order of the Education Department and issued the order to close the school on January 21. He raised the question as to how the conclusion was reached that there was a threat to the lives of children due to the cold wave in Patna district. Those circumstances have neither been mentioned in the order, nor has the department been informed about it. The department believes that if Section 144 should be imposed, it should apply equally to all elements of social life.
Here DM closed schools till 25th January
Despite the displeasure of the Education Department, Patna DM Dr. Chandrashekhar Singh, citing his rights in view of the cold, issued an order to keep all private and government schools, coaching centers and Anganwadi centers of Patna district up to class eight closed till January 25. Gave. Classes from class nine onwards will run after 9 am in the morning and till 3.30 pm in the afternoon.