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2003 DIGILAW 551 (JHR)

Ranchi Zila Nagrick Unayan Parisad H. E. C. Ltd. v. State Of Jharkhand

2003-04-30

P.K.BALASUBRAMANYAN, R.K.MERATHIA

body2003
ORDER 1. Heard counsel for the petitioner, counsel for the State of Jharkhand, counsel for the Heavy Engineering Corporation Limited (respondent Nos. 2 and 3) and counsel for the Jharkhand State Electricity Board. 2. This writ petition is filed by Ranchi Zila Nagrick Unayan Parisad, H.E.C. Ltd. Parisad Branch through its President, with a prayer to issue a writ of mandamus commanding upon the Heavy Engineering Corporation Ltd. (H.E.C. Ltd.) not to close the H.E.C. Girls High School, Dhurwa and for other consequential reliefs including the providing of proper facilities in the H.E.C. Girls High School, Dhurwa and making available uninterrupted power supply. 3. According to the petitioner, this writ petition has been filed in public interest, since the interest of parents and their wards, 1033 in number, studying in H.E.C. Girls High School, Dhurwa is involved. According to the petitioner, a notice was put up on the Notice Board of the Girls High School to the effect that from 21.4.2003 all the students in the Girls High School, Dhurwa, would be shifted and the students have to join the Boys School in Dhurwa and the Girls High School, both located in Sector-III of H.E.C. Ltd. According to the petitioner, by directing the Girl students to join the Girls High School in Sector-III, the H.E.C. Ltd. is compelling the students to travel four kilometers more to reach that school and this was not in public interest or in the interest of the children. Further it is submitted that the economic situation of H.E.C. is not good and as such it is not in a position to provide all the facilities to such a large number of students. Counsel added that after all, the guardians are paying for the education, and the right at least to elementary education is a fundamental right. 4. On behalf of the H.E.C. Ltd., it is submitted that as an industry it is only a shadow of its former self and that the number of employees have to come down to 4000. The company has given an undertaking to reduce the strength further to 2000 before the Board for Industrial and Financial Reconstruction. In that context the company had to take a decision relating to the three schools that are being run by it in that area. The company has given an undertaking to reduce the strength further to 2000 before the Board for Industrial and Financial Reconstruction. In that context the company had to take a decision relating to the three schools that are being run by it in that area. The company therefore constituted a Committee of Principals for studying the situation and to suggest ways as to how the academic activities could be managed efficiently and fairly with the existing manpower. There is also the further reason that the Dhurwa Girls School did not have adequate teaching staff especially in the science subject. There was also a boys School in Dhurwa run by H.E.C. Ltd., which was located about 250 meters away from the Girls School. The Committee after studying the facts made the following recommendations on 24.4.2003 : "(i) There is no sense in running 2 High Schools in Dhurwa area at a distance of only 250 meters instead only one School in Dhurwa area and other in Sector-III should be run with adequate No. of subject teachers. (ii) Girls H/S, Dhurwa, which is running in a temporary building be merged with Boy H/S, Dhurwa and Girls H/S, Sector - III. Students of Class-I to V be transferred to Boys High School, Dhurwa and students of Class-VI to X to Girls H/S, Sector-III. (iii) Girls High School, Sector-III having a permanent building and located centrally in H.E.C, Township was found most suitable for running the Girls School." 5. Based on this recommendations, the decision was taken by the management to merge the Girls School, Dhurwa with the Boys School located nearby the Girls High School located in Sector-III. It was decided that the Girls studying in standards 1 to V should be admitted in the Boys School located 250 meters away and the Girls studying in standards VI to X should be accommodated in the Girls High School located in Sector-III. The decision taken, was as follows : "(i) G.H.S. Sector-III has a permanent building having more space to accommodate large strength of students. (ii) This is centrally located in H.E.C. Township. It is situated in a comparatively peaceful area befitting to the environment required for running a Girls High School, (iii) But it is important to mention here that part of the building is to be given to Government of Jharkhand (JIEC). (ii) This is centrally located in H.E.C. Township. It is situated in a comparatively peaceful area befitting to the environment required for running a Girls High School, (iii) But it is important to mention here that part of the building is to be given to Government of Jharkhand (JIEC). This will have to be reviewed because merger of 2 Schools will require the whole building in order to accommodate the transferred students. (iv) Students of class I to V of G.H.S., Dhurwa will be transferred to B.H.S., Dhurwa with 4 Nos. of Teachers and the students of class VI to X will be transferred to G.H.S., Sector- III with the remaining teachers." 6. It was thus that the notice was put up in the Notice Board to the effect that the Girls School, Dhurwa will be closed with effect from 21.4.2003 and the students studying in standards I to V will be accommodated in the Boys School, Dhurwa and the students studying in Classes VI to X will be accommodated in the Girls High School located in Sector-III. 7. This is a public interest litigation. While dealing with such a litigations the Court has to consider all situations. Normally, this Court is concerned with the process of decision making and not the correctness of the direction and whether the decision affects or tends to affect any fundamental right or any other statutory right. Here, what is happening is that the Girls School which is being run is being stopped. It is therefore necessary for this Court to consider whether the decision has been taken in circumstances justifying the decision. In that context, this Court has also to take note of the situation in which the management is placed and whether it is a case of simply sending away the students by issuing to them transfer certificates or whether it is a case of accommodating them in other schools run by the same management. The practical difficulty pointed out is only the covering of four kms. Counsel for the petitioner has submitted that it is not in general interest. H.E.C. Ltd. was running three educational institution, (1) a Girls High School in Sector-III, (2) a Girls High School, in Dhurwa with the closure of which we are concerned and (3) a Boys High School in Dhurwa located about 250 meters away from the Girls School. Counsel for the petitioner has submitted that it is not in general interest. H.E.C. Ltd. was running three educational institution, (1) a Girls High School in Sector-III, (2) a Girls High School, in Dhurwa with the closure of which we are concerned and (3) a Boys High School in Dhurwa located about 250 meters away from the Girls School. Even according to the petitioner, the facilities available in the Girls High School, Dhurwa were inadequate. The H.E.C. Ltd. was faced with a financial crunch. In that situation, it considered ways and means of making the unit economically viable and considering ways and means of reducing expenditure. It constituted a Committee including the Principals of all the schools to make a study of the question of running of these Schools and what to do to make them efficient. That committee on a consideration of all the relevant aspects recommended that the Girls High School. Dhurwa may be closed down and the girl students in Classes I to V may be accommodated in the Boys High School situated nearby and the Girls students in Classes VI to X may be accommodated in the Girls High Schools located in Sector- III. There is nothing to show that the said decision is in any manner irrational. Based on that recommendation, a decision was taken by the H.E.C. Ltd. by following the regular procedure, to shift the students of the Girls High School, Dhurwa to the other Schools and close down" the Girls High School, Dhurwa. In doing so, we cannot say that the H.E.C. has acted irrationally. In our view, in deciding to shift the children to other Schools, lest their educational careers be affected the company has taken into account public interest in the situation in which H.E.C. was placed. 8. We cannot forget all together the fact that the Girls School, Dhurwa is a private School which can be closed down. Here, instead of closing it down and sending the students with transfer certificates H.E.C. Ltd. decided to shift the students to the other two Schools run by it and to strengthen the facilities available in the other two Schools. We are satisfied that there is no reason to interfere with the decision of the H.E.C. Ltd. in public interest. 9. The learned counsel for the petitioner submitted that Government was contemplating the taking over of the School. We are satisfied that there is no reason to interfere with the decision of the H.E.C. Ltd. in public interest. 9. The learned counsel for the petitioner submitted that Government was contemplating the taking over of the School. That is a matter on which there is no reason for us to express any views. Suffice it to say that we are not concerned with that aspect here. 10. We direct the H.E.C. Ltd. to ensure that the facilities in Girls High School, Sector-III and the Boys High School, Dhurwa are made adequate for receiving the students on transfer from the Girls High School, Dhurwa. 11. The writ petition is dismissed, subject to the above direction.