Patna, (Samajweekly) The spat between Patna DM Dr Chandrashekhar Singh and the Education Department seemed to intensify with an department official questioning the district chief if the effect of cold wave is only on students going to the school and why is there no prohibition on people leaving their home.
The query was posed by Director, Education, Kanhaiya Prasad Srivastava, in a reply to the letter by the DM, who had ordered closure of schools from Nursery to Class 8 students amid extreme cold wave in Patna and cited the CrPC’s Section 144 which gives him authority to take such action in the interest of the health of students.
In its reply, the Education Department official said that the Patna DM has closed the school under section 144 of CrPC but not closed the coaching institutions before January 21, and these were contradictory decisions.
“Why had Patna DM had not closed the coaching institutes before January 21?” it asked.
Srivastava also said that the Patna DM’s use of Section 144 of CrPC for the closure of schools is not a good practice.
His letter said that as both are part of government, the Education Department will not challenge the decision in the Patna High Court, but asked him to reply on what basis the school was closed.
“The cold wave only affects school students and is not affecting elderly and sick persons. The district administration has closed the schools but not the business centres, malls, and cinema theatres. It has not changed the timing of operation in commercial establishments. Despite Section 144 of CrPC being imposed in Patna, minor children were seen on the roads, parks and public places. Are they not affected while roaming on the streets. What directives the DM office has given to them? Why have you not pointed out in your directives that below 12 year old children would not roam on the streets under CrPC’s Section 144,” the official asked.
Chandrashekhar Singh ordered that all schools, anganwadi centres and coaching institutes from nursery to Class 8 will remain closed till January 23 due to cold wave and dip in temperature in the city. Class 9 to 12 can remain open with precautions. He claimed that cold waves could trigger health hazards for minor children.
“We have taken the decision in the interest of the health of children and my decision cannot be challenged under the legal procedure, the District Magistrate has the power to take such decision in the interest of common people. Such a decision of the District Magistrate cannot be reviewed by any authorities. Only the higher courts are the competent authority to change the order of district magistrate.
“The temperature of January 22 in Patna was 5.5 degree Celsius and it was an uncomfortable situation even for bigger people. We have taken the decision keeping in view of smaller children. The bigger children in Class 9 onwards stay away from that order but schools have to take necessary precautions,” Singh said.
Asked about the ongoing row between him and the Education Department, Singh said that he has informed it through a letter and also said that the order of District Magistrate cannot be turned down by any authority.
The controversy began on January 20 when Additional Chief Secretary, Education, K.K. Pathak himself wrote the letters to all Divisional Commissioners to ask the District Magistrates to open the schools. He also said that the District Magistrates have no power to close government schools, still the Patna DM extended the closure till January 23.
Thereafter, Singh wrote letters to district education officers to open the government schools, following which the Patna DM wrote a letter to the education department director informing him about the rights he has been given under the CrPC.
