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Himachal Pradesh High Court · body

2010 DIGILAW 626 (HP)

Beena Ram v. State Of Himachal Pradesh

2010-03-29

KULDIP SINGH

body2010
JUDGMENT : Kuldip Singh, J. The petitioner has prayed for quashing of corrigendum dated 17.7.2006 Annexure P-8 and memo dated 28.7.2006 Annexure P-9 concerning upgradation of Primary School, Rainadhar to Middle School District Mandi vide notification dated 4.7.2006 Annexure P-l. 2. The facts, in brief, are that the petitioner a resident of Village Rainadhar, Tehsil Karsog, District Mandi has filed the present petition on the grounds that Primary School, Rainadhar was upgraded to Middle School vide notification dated 4.7.2006 Annexure P-l. One Keshav Ram had donated three biswas of land and five rooms were donated by the petitioner for the said purpose at Rainadhar. When all the required steps had been taken, suddenly a corrigendum dated 17.7.2006 Annexure P-8 was issued by respondent No. 1 vide which it was proposed that Government Middle School, Rainadhar should be read as Government Middle School, Rainadhar at Odidhar. In pursuance of Annexure P-8, another memo dated 28.7.2006 Annexure P-9 was issued showing that the upgraded school should be at Odidhar instead of Rainadhar. 3. The further case of petitioner is that Annexure P-8 was issued without considering the fact that there was no Government Primary School at Odidhar. In fact, there is no Primary School at Odidhar which could be upgraded as Middle School. The Government Primary School, Rainadhar has all facilities such as play ground, school building and other facilities to be provided for the education upto middle level. The children of village Rainadhar have to cover a distance of 3 Km. to reach Odidhar for their Middle School Level Education through thick forest. A meeting of the villagers was held on 22.8.2006. About 205 villagers had objected the shifting and upgradation of school at Odidhar. The Pradhan of Gram Panchayat, Pokhi, Tehsil Karsog, District Mandi has also certified that Rainadhar is centrally located which caters all nearby villages for upgradation of Middle School. 4. The petition has been contested by the respondents No. 1 to 3 by filing joint reply. It has been submitted that the petitioner has no locus-standi to file the petition. It has been stated that there was no Government Primary School at Odidhar but the Government Primary School situated at Rainadhar prior to issuance of the corrigendum dated 17.7.2006 Annexure P-8. The Government Primary School, Rainadhar was established in the year 1982 and comes under Gram Panchayat, Pokhi. It has been stated that there was no Government Primary School at Odidhar but the Government Primary School situated at Rainadhar prior to issuance of the corrigendum dated 17.7.2006 Annexure P-8. The Government Primary School, Rainadhar was established in the year 1982 and comes under Gram Panchayat, Pokhi. The distance between Rainadhar and Odidhar is about 700 meters. As per the information received from the Deputy Director of Higher Education, Mandi, maximum villagers of Gadasan Mohal objected the shifting and upgradation of Middle School, Odidhar as majority of them were not benefited by setting up of school at Rainadhar. The respondents have prayed for dismissal of the writ petition. It has been submitted by the respondents in application dated 26.3.2007 that in pursuance to notification dated 17.7.2006 the Government Middle School, Rainadhar at Odidhar was made functional and necessary staff was deputed/posted in the said school for running the middle classes vide letter dated 28.7.2006. 5. I have heard the learned Counsel for the parties. The point involved in the petition is very short. The Government Primary School, Rainadhar was upgraded to Middle School vide notification dated 4.7.2006 Annexure P-l. It can be safely presumed that the notification dated 4.7.2006 was issued after taking into consideration all relevant factors for upgradation of Government Primary School to Middle School at Rainadhar. The corrigendum dated 17.7.2006 Annexure P-8 provides read Government Middle School Rainadhar at Odidhar, G.P. Pokhi (Karsog Constituency) instead of Government Middle School, Rainadhar in District Mandi appearing at serial No. 1 of the notification regarding upgradation of Middle School. The notification for upgradation of Middle School is none-else but notification dated 4.7.2006. The Primary School at Rainadhar was upgraded as Middle School. There was no Government Primary School at Odidhar, therefore, there is no question of upgradation of Middle School at Odidhar and for the same reasons in the notification dated 4.7.2006 by way of corrigendum dated 17.7.2006, it cannot be read Middle School, Rainadhar at Odidhar. The memo dated 28.7.2006 Annexure P-9 is based upon corrigendum dated 17.7.2006 etc. Once the foundation of reading Middle School, Rainadhar at Odidhar in corrigendum dated 17.7.2006 Annexure P-8 goes, then memo dated 28.7.2006 Annexure P-9 also goes so far it pertains to Government Middle School, Rainadhar at Odidhar. 6. The memo dated 28.7.2006 Annexure P-9 is based upon corrigendum dated 17.7.2006 etc. Once the foundation of reading Middle School, Rainadhar at Odidhar in corrigendum dated 17.7.2006 Annexure P-8 goes, then memo dated 28.7.2006 Annexure P-9 also goes so far it pertains to Government Middle School, Rainadhar at Odidhar. 6. The Annexure P-10 is the resolution No. 1 passed in the special meeting dated 22.8.2006 of Gram Panchayat, Pokhi wherein it was unanimously resolved that the General Public opposed the shifting of school at Odidhar. The distance between the school at Rainadhar and Odidhar is 2 Km. it is necessary to start the middle classes at Rainadhar. The Annexure P-10 indicates that even Gram Panchayat, Pokhi is in favour of upgradation of Government Primary School, Rainadhar to Middle School. The respondents have taken the plea that Middle School at Odidhar has already made functional and the necessary staff was posted in the said school vide letter dated 28.7.2006. The grievance of the petitioner is that Government Primary School, Rainadhar was upgraded as Middle School vide notification dated 4.7.2006 Annexure P-l, therefore, Middle School at Rainadhar should be made functional. It appears the purpose of the petition is to make Middle School functional at Rainadhar. The petitioner cannot object the running of Middle School at.Odidhar in case respondents are ready and inclined to run Middle School at Odidhar even in presence of Middle School at Rainadhar. The petitioner has made out a case that respondents have arbitrarily shifted upgraded Middle School, Rainadhar to Odidhar. It is the case of the petitioner that he has donated five rooms for upgradation of Government Primary School, Rainadhar to Middle School, therefore, he has locus-standi to file the writ petition. The question still remains to what relief the petitioner is ultimately entitled to in the facts and circumstances of the case. In my considered opinion, the petitioner is entitled to upgraded Middle School at Rainadhar, the respondents are at liberty to continue Middle School at Odidhar even in presence of upgraded Middle School with necessary staff at Rainadhar. 7. No other point was urged. 8. The result of the above discussion, the petition is allowed. In my considered opinion, the petitioner is entitled to upgraded Middle School at Rainadhar, the respondents are at liberty to continue Middle School at Odidhar even in presence of upgraded Middle School with necessary staff at Rainadhar. 7. No other point was urged. 8. The result of the above discussion, the petition is allowed. The respondents are directed to restore the upgradation of Government Primary School to Middle School at Rainadhar by issuing necessary directions within eight weeks from today and to make upgraded Middle School at Rainadhar functional within the same period by appointing necessary staff. The respondents are at liberty to continue running of Middle School at Odidhar even in presence of upgraded Middle School at Rainadhar. No costs.