Dispute Over School Closures Deepens Amidst Bihar’s Chilling Cold; Patna DM and Education Department at Odds

Patna: The ongoing controversy surrounding school closures in Bihar due to the severe cold has intensified, prompting Patna District Magistrate (DM) Dr. Chandrashekhar to lodge a formal complaint against KK Pathak, the Additional Chief Secretary of the Education Department. In a letter addressed to Chief Secretary Aamir Subhani on Wednesday, Patna DM expressed concern over the potential health risks to children and called for an investigation into the alleged defiance of closure orders.

This development comes after the Director of Secondary Education, Kanhaiya Prasad Srivastava, questioned the DM’s directive on Monday, deeming it incorrect. The District Education Officer of Patna was subsequently instructed to reopen the schools, leading to a clash of orders.

In response to the Education Department’s directives, Patna DM defended his decision, citing the possibility of adverse health effects on children due to the prevailing cold conditions. He asserted that, under the authority granted by Section 144 of the Code of Criminal Procedure, 1973, a judicial order had been issued to keep schools up to class 8 closed, with no provision for departmental permission or alteration by non-judicial orders.

The subsequent reply from Additional Chief Secretary KK Pathak, sent on Tuesday, comprised a detailed three-page letter explaining the provisions of Section 144. Pathak countered the District Magistrate’s points, highlighting the potential danger to children’s health and lives during the cold wave.

Expressing the prevailing confusion between the Education Department and the District Administration, Patna DM, in his letter to the Chief Secretary, emphasized the importance of respecting defined rights and limits within the administrative system. He underscored the lack of administrative justification from the Education Department’s perspective.

Addressing the controversy, Patna DM referred to an order memorandum dated January 23, granting school holidays until January 25, in Patna district due to the cold wave. Citing Section 144, he clarified that the closures applied to all private and government schools in the district, with pre-schools, Anganwadi centers, and coaching centers banned from conducting educational activities up to class 8.

Patna DM also highlighted the conflicting directives, pointing out the confusion arising from the Director of Secondary Education’s orders, dated January 22 (order number 11), and January 20 (order number 12), instructing the reopening of all schools. The discord continues to raise concerns, emphasizing the need for a swift resolution to ensure the well-being of students amidst the challenging weather conditions.