The Bihar education department finds itself in a dispute with district magistrates (DMs) regarding the declaration of holidays in schools due to the ongoing cold wave. Several districts’ DMs have issued prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC), instructing schools to suspend lower classes due to prevailing cold weather conditions. The education department has responded by urging the DMs to revoke the orders, insisting that prior permission should have been obtained.
This controversy emerges just days after additional chief secretary (Education) KK Pathak resumed his duties following the withdrawal of his leave extension, facilitated by the state secretariat’s intervention.
In response to the department’s request, Patna district magistrate Chandrashekhar defended the order, stating that it was a judicial directive applicable to all government and private institutions, including pre-schools, Anganwadi centers, and coaching centers. He emphasized that the order was passed on valid grounds to safeguard children’s lives, and any violation could lead to legal consequences. Chandrashekhar rejected Pathak’s assertion that prior permission from the department was necessary, deeming the letter “irrelevant, illegal, and out of jurisdiction.”
Some DMs, including those of Patna and Nalanda, have upheld the orders and extended the holidays. In response, the education department issued another directive to district education officers (DEOs) to ensure the reopening of schools, emphasizing the lack of permission from the department despite clear instructions. The DEO (Patna) further instructed headmasters and block education officers in Patna to resume school operations.
However, Patna DM Chandrashekhar, in a subsequent letter, defended the order under Section 144 of the CrPC, highlighting extreme cold wave conditions posing a potential threat to children’s lives. He asserted that a judicial order had been passed, and there was no provision for seeking permission from the department. The DM emphasized that such orders could only be subjected to judicial review by a competent court.
As the standoff continues, the education department and district magistrates remain at odds over the appropriate measures to address the impact of the cold wave on school operations in Bihar.
