Shortly after Additional Chief Secretary K K Pathak (IAS:1990:BH), the contentious IAS officer overseeing the education department, rescinded his leave extension and resumed duty, a conflict has erupted between his department and district magistrates regarding the declaration of holidays in schools due to the ongoing cold wave.
Patna DM Chandrashekhar Singh (IAS:2010:BH) lodged a complaint with Chief Secretary Amir Subhani (IAS:1987:BH) on Wednesday, expressing frustration over the continuous objections from the Education Department regarding school closures amid the intense cold wave. On that very day, a 10-year-old boy reportedly died in Muzaffarpur district after returning from school, with his family attributing the cause to the cold. However, the local administration claimed to have no information about the incident.
Singh had issued an order on Tuesday, directing the closure of all schools up to class 8, anganwadi centers, and coaching centers in the state capital Patna until Thursday due to the prevailing cold wave conditions.
Director of Secondary Education, Kanhaiya Prasad Shrivastav, wrote to Singh, demanding an explanation for the circumstances under which the order for school closures was issued. Shrivastav emphasized that the DM did not seek permission from the state education department before suspending classes up to the 8th standard. He added that the department would seek legal opinion after receiving a reply from Singh.
In response to the Education Department’s objection, Singh sought the intervention of the chief secretary, urging a halt to the continuous exchange of letters between the two government wings for better administrative functioning. He emphasized the clearly defined roles and functionalities of each administrative wing, urging the chief secretary to find an appropriate solution.
A face-off between the State Education Department and Patna District Magistrate began when the education department requested DMs of several districts to revoke an order invoking prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) to suspend lower classes in schools due to the cold wave. Patna DM Chandrashekhar defended the order, stating that it was a judicial order applicable to all government and private institutions, passed on valid grounds to protect children’s lives. He rejected the claim that prior permission from the department was required.
Despite the education department’s stance, some DMs, including those of Patna and Nalanda, did not withdraw the orders and extended holidays. This prompted another order from the education department on Monday, instructing district education officers to ensure the opening of schools. The DEO (Patna) even directed headmasters and block education officers in Patna to open the schools. However, a few hours later, Patna DM Chandrashekhar wrote to the department, defending the order under Section 144 of the CrPC and warning that any disregard or violation could invite legal action under Section 188 of the Indian Penal Code (IPC). He cited the provisions of Section 144, empowering magistrates to pass orders prohibiting gatherings in specific areas in urgent cases of nuisance or apprehended danger. He emphasized that judicial orders could only be put under review by a competent court.
