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2012 DIGILAW 82 (JHR)

Middle School Chitari v. State of Jharkhand

2012-01-16

R.R.PRASAD

body2012
Heard learned counsel appearing for the petitioner on the writ application and also an interlocutory application bearing no.3048 of 2011 wherein prayer has been made to initiate a contempt proceeding against the authority for disobeying the order dated 22.9.2011 passed in this writ application. 2. The case of the petitioner as has been made out is that under a scheme of Rashtriya Madhyamik Siksha Abhiyan, Middle School situated at Panchayat was to be upgraded as High School on fulfilling certain criterias. Under that scheme, according to the case of the petitioner, petitioner’s school known as Middle School, Chitri,Dadu was recommended by the committee for being upgraded as High School. 3. Further case of the petitioner is that recommendation got approval of the Cabinet of the State of Jharkhand but the District Education Officer, Lohardaga ignoring the decision of the Cabinet directed the Principal of the upgraded Middle School, Dadu to take admission in Class IX and X for the Sessions 2011-12, though upgraded Middle School, Dadu had never been upgraded as High School. Under that situation, the petitioner raised an objection before the Regional Deputy Director of Education, South Chota Nagpur Division, Ranchi. On such objection, a Committee was constituted. Such committee, according to the case of the petitioner, after inspecting the school came to the conclusion that the petitioner’s school has rightly been upgraded. In spite of that, when District Education Officer, Lohardaga did not provide forms to be submitted by the School to the Jharkhand Academic Council, Ranchi for registration of the students, the petitioner filed this writ application for a direction to the District Education Officer, Lohardaga to issue necessary forms to the school for needful and also for a direction to the authority not to interfere in the decision of the Cabinet taken for upgradation of the petitioner’s school as High School. Having noticed the aforesaid fact this Court passed an interim order on 22.9.2011 whereby District Superintendent of Education, Lohardaga was directed to issue forms to the petitioner’s school. But that order has never been complied with and hence, an interlocutory application has been filed for initiating contempt proceeding. 4. A counter affidavit has been filed on behalf of the respondent no.7, who has been impleaded as party-respondent on its intervention. But that order has never been complied with and hence, an interlocutory application has been filed for initiating contempt proceeding. 4. A counter affidavit has been filed on behalf of the respondent no.7, who has been impleaded as party-respondent on its intervention. At the same time, a counter affidavit has also been filed on behalf of respondent no.5, District Education Officer, Lohardaga wherein it has been stated that the petitioner by putting wrong fact before this Court got an order passed by this Court on 22.9.2011 whereby the District Education Officer, Lohardaga was directed to issue registration form to the petitioner’s school, who claimed the name of the school as Middle School, Chitri, Dadu whereas the said school is being known as Middle School, Chitri and that under the scheme of Rashtriya Madhyamik Siksha Abhiyan, all the District Education Officers were directed to send the name of one Middle School for upgradation as High School on fulfilling following criterias. i. Middle School has no High School within 5-7 km. ii. Middle School proposed for upgradation must have 3 Middle School as feeder School. iii. School must have land for its own building. iv. School must have an approach road. 5. According to the respondent no.7, petitioner’s school, namely, Chitri, Dadu does have more than 3 feeder School whereas petitioner’s school known as Middle School, Chitri does not have any feeder school. 6. Further case of the respondents is that taking into account the fact that the respondent no.7, Government Middle School, Chitri, Dadu was fulfilling all the criterias for being upgraded as High School was recommended by the Block Education Extension Officer which recommendation got approval by the Cabinet which order as contained in memo no.895 dated 26.3.2011 was communicated to the school of the petitioner and also to the school of the respondents. When the petitioner came to know that Middle School, Chitri has never been upgraded, a representation was made before the Deputy Commissioner, Lohardaga by putting forth his case that the petitioner’s school has also been fulfilling criteria of upgradation. When the petitioner came to know that Middle School, Chitri has never been upgraded, a representation was made before the Deputy Commissioner, Lohardaga by putting forth his case that the petitioner’s school has also been fulfilling criteria of upgradation. On such representation, a committee headed by Regional Deputy Director of Education, South Chota Nagpur,Ranchi was constituted, who made recommendation for upgradation of the school of the petitioner as High School but the State Nodal Officer, vide its letter no.108 dated 25.8.2011 communicated to all concerned including the petitioner’s school that the decision with respect to upgradation of the school needs not to be taken as the Cabinet has already upgraded Government Middle School, Chitri, Dadu (Respondent no.7) as High School. 7. Having heard learned counsel appearing for the parties and on perusal of the record, it does appear that petitioner’s school was known as Middle School, Chitri whereas school described itself as Middle School, Chitri, Dadu and this Court on that assumption passed an order on 22.9.2011 but when the Government Middle School , Chitri, Dadu on its intervention was impleaded as respondent no.7, it was made clear that the petitioner’s school was never being known as Middle School, Chitri, Dadu, rather it is the school of the respondent no.6 which is known as Government Middle School, Chitri, Dadu and as per the pleadings of both the respondent no.7 and respondent no.5, it was the Government Middle School, Chitri, Dadu which had been recommended for being upgraded and accordingly, Cabinet took decision for upgrading that school as High School. When the petitioner came to know that the school has never been upgraded, it made representation before the Deputy Commissioner, Lohardaga. Upon which a committee was constituted, who made recommendation for upgrading petitioner’s school named as Middle School, Chitri. Had the Cabinet being taken decision for upgrading petitioner’s school as High School, there would have been no occasion for the petitioner to make representation before the Deputy Commissioner, Lohardaga for upgradation of his school and as such, it is quite evident that the petitioner’s school had never been upgraded as High School under the decision of the Cabinet. Had the Cabinet being taken decision for upgrading petitioner’s school as High School, there would have been no occasion for the petitioner to make representation before the Deputy Commissioner, Lohardaga for upgradation of his school and as such, it is quite evident that the petitioner’s school had never been upgraded as High School under the decision of the Cabinet. Moreover, when the committee made recommendation for upgrading the petitioner’s school as High School, the State Nodal Officer clarified that since the Government Middle School, Chitri, Dadu has already been upgraded, there has been no necessity of upgrading the petitioner’s school as High School. 8. Thus, the petitioner is not entitled to relief as claimed and hence this writ application stands dismissed. 9. At the same time, the order dated 22.9.2011 stands vacated. 10. In view of the finding arrived at, no case of contempt is made out. Accordingly, the aforesaid I.A stands rejected. Application dismissed.