Bihar education dept, district magistrates at loggerheads over school holidays

The DMs of several districts in Bihar have issued prohibitory orders under Section 144 of CrPC to direct schools to suspend lower classes due to cold wave conditions prevailing in the state

The Bihar education department is again at loggerheads with the district magistrates (DMs) over announcement of holidays in schools due to continuing cold wave.

The controversy comes barely a couple of days after additional chief secretary (Education) KK Pathak withdrew his leave extension and again took charge after the intervention of the state secretariat. (File)

The department has written to the DMs of several districts to revoke an order in which they have invoked prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) to direct schools to suspend lower classes due to cold wave conditions prevailing in the state, saying that they should have taken prior permission from the department.

The move comes barely a couple of days after additional chief secretary (Education) KK Pathak withdrew his leave extension and again took charge after the intervention of the state secretariat.

However, Patna district magistrate Chandrashekhar retorted, saying it was a Judicial order applicable to all government and private institutions, including pre-school, Anganwadi and coaching centres, and that it was passed on valid grounds to protect the lives of children, and any violation, disregard could invite legal action. Terming Pathak’s letter “irrelevant, illegal and out of jurisdiction”, the DM rejected the contention that prior permission from the department was required.

Seeking withdrawal of orders in a letter to all divisional commissioners, Pathak had sought to know “how the prohibitory orders become applicable to schools, but not coaching institutes, and other public places like cinema halls, commercial establishments”, and wrote that order invoking Section 144 of the CrPC, when passed, should pass judicial scrutiny.

Some DMs, including those of Patna and Nalanda, did not withdraw the orders and extended the holidays, prompting another order from the education department, asking the district education officers (DEOs) to ensure opening of schools, as the permission from the department had not been sought despite making it clear. The DEO (Patna) also directed all the headmasters and block education officers in Patna to open the schools.

However, barely a few hours after the order, Patna DM Chandrashekhar on Monday wrote to the department that there was ample basis for issuing the order under Section 144 of the CrPC and any disregard or violation could invite action under Section 188 of the Indian Penal Code (IPC).

It has cited the provisions under Section 144 of the CrPC, which empowers the magistrate of any state or Union territory in India “to pass an order prohibiting the gathering of four or more people in a specified area. It is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property”.

“Due to extreme cold wave conditions and low temperature, there is a high possibility of danger to the lives of children and therefore, a judicial order has been passed. There is no provision for seeking permission from the department, nor can such orders be changed or altered with a non-judicial order. It can only be put under judicial review by competent court,” wrote the DM.