Days after additional chief secretary K K Pathak, the controversial IAS officer who heads the education department, withdrew his leave extension and resumed charge, his department is locked into a showdown with district magistrates over announcement of holidays in schools due to continuing cold wave, according to people familiar with the matter.
The education department on Saturday wrote to the DMs of several districts, asking them 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. The education department’s letter, which has been seen by HT, also says they should have taken prior permission from the department.
However, Patna district magistrate Chandrashekhar has shot back, saying it was a judicial order applicable to all government and private institutions, and passed on valid grounds to protect lives of children, adding that any violation could invite legal action. Terming Pathak’s letter as “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 on Monday, asking the district education officers (DEOs) to ensure opening of schools. The DEO (Patna) even directed head masters 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 Secrion 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 high possibility of danger to the lives of children and therefore, a judicial order has been passed. There is no provision of seeking permission from the department in such cases, nor can such orders be changed or altered with a non-judicial order. It can only be put under judicial review by competent court,” the DM has written.
K K Pathak is not new to controversies. While his efforts to improve functioning of government schools have earned him praise, his style of functioning has also invited severe criticism from several quarters, including some legislators.
Meanwhile, the Met department has again forecast that there will be no respite from chilly winds in the state for the next four days and has issued a yellow alert. Several districts are in the grip of severe cold wave and the impact was visible in some schools in Patna, which opened following DEO’s order but recorded skeletal attendance.
Gaya recorded the lowest temperature of 4.1 degree C, while it was 5.5 in Patna. Due to poor visibility, flights and rail and road traffic have been badly disrupted.
The Patna DM said that in view of the prevailing cold wave conditions, schools in the state capital will remain shut till January 25.
