Title: Disagreement between Education Department and Patna DM over School Closure
Introduction:
The Education Department and the Patna District Magistrate (DM) are engaged in a letter war regarding the decision to give holidays to students in schools due to the cold weather. Both parties are claiming authority over the matter, leading to a legal dispute. To understand the legal situation between the two government entities, we consulted advocate Ratnesh Kushwaha from the Patna High Court.
DM’s Order deemed legal:
Advocate Ratnesh Kushwaha stated that the Patna DM’s decision to close schools up to the eighth grade due to the severe cold weather, as per Section 144 of the Criminal Procedure Code (CRPC), is legally valid. Section 144 grants all DMs the authority to make decisions in the interest of public safety within their districts. The DM has the right to make decisions based on facts and their own discretion.
No obligation to seek permission from the Education Department:
The letter sent by the Education Department to the DM states that if it was necessary to close schools, permission should have been sought from the department. However, according to advocate Ratnesh Kushwaha, the DM is not legally obligated to seek permission from any department before making decisions under Section 144. The DM has complete independence to make decisions under this section.
Review of the orders:
In the current situation, there are two conflicting orders. One from the Patna DM stating that schooling up to the eighth grade will remain closed until January 25, and the other from the Education Department stating that schools will remain open. Advocate Ratnesh Kushwaha explains that if anyone violates the order issued under Section 144, they can face legal action and arrest under Section 188. Any action taken will be against the school principal or school administrator, rather than the Education Department or Secretary.
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बिहार के पटना शहर में ठंड को देखते हुए विभिन्न स्कूलों में बच्चों को छुट्टी दी जाने के मामले में शिक्षा विभाग और पटना डीएम के बीच विवाद है. शिक्षा विभाग का कहना है कि स्कूल बंद करने के पहले डीएम को अनुरोध करना चाहिए था, जबकि पटना डीएम यह कहते हैं कि उन्हें अनुमति लेने की इजाजत नहीं है. इस विवाद को समझने के लिए हमने पटना हाईकोर्ट के अधिवक्ता रत्नेश कुशवाहा से पूछा, जिन्होंने बताया कि डीएम का आदेश कानून संगत है और उन्हें धारा-144 की शक्ति प्राप्त है. शिक्षा व
