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2015 DIGILAW 117 (MAN)

All Manipur Students' Union (AMSU) and Anr. v. State of Manipur and Ors.

2015-09-18

KH.NOBIN SINGH, N.KOTISWAR SINGH

body2015
JUDGMENT N.Kotiswar Singh, J. Heard Mr.Kh.Mani, learned counsel for the petitioners as well as Mr. Th.Ibohal, learned Advocate General, Manipur for the State respondents. 2. The present Public Interest Litigation(PIL) has been filed challenging the order dated 29.6.2015 issued by the Joint Secretary (Education (S), Govt. of Manipur (Annexure-A/3) by which the Govt. of Manipur abolished the Bengali Primary School (Class I-V), Babupara and Bengali High School (Class VI-X) to facilitate the establishment of Ramkrishna Mission Centre in Imphal and also for quashing the Memorandum of Agreement dated 27th August, 2015 signed between the Govt. of Manipur and the Ramkrishna Mission to take possession of the school campus. The present petition has been filed by the All Manipur Students’ Union (AMSU) through its Secretary General as the petitioner No.1 and the petitioner No.2 who is the Secretary General of the said Union. The main ground raised in the present PIL is that the Bengali School, Babupara is an old institution established in the year 1903 and has been in existence for more than 100 years and enjoys a unique position in the State. It has been pleaded that at present there are 103 students in the said school; 24 in Class-VI, 28 in Class-VII, 13 in Class-VIII, 22 in Class-IX and 16 in Class-X and there are a number of teachers employed in the said school. It has been contended that this school has been abolished in the middle of academic session which is against the interest of the students and there is no concrete policy laying down the norms and criteria for abolishing a government school. The petitioners have mentioned in para No.10 of the petition that while establishment of Ramkrishna Mission School is praiseworthy, abolishing a school in the midst of academic session is not correct because of which there was demand to revoke the said order. It has been also stated in Para No.11 also that the matter was raised in the Manipur Legislative Assembly on 9.7.2015 and the State Education Minister had stated that the reason for abolishing the said school is for establishment of Ramkrishna Mission school in order to have a better school and the people should not take it as an abolition of a school, rather for providing a better school and the school would start its session with intake capacity of about 500 students. 3. 3. It has been stated that the petitioners submitted a representation on 21.7.2015 addressed to the Prime Minister of India stating that while the AMSU welcomes the establishment of Ramkrishna Mission Centre in the State of Manipur, they are against the move of the Government to abolish the century old Bengali High School. It has been stated that since the students belong to poor families, they can ill afford to pay higher fees of the private schools. It has been also stated that other representations have been submitted to the Governor of Manipur as well as to the Chief Minister of Manipur on 22.7.2015. The petitioners have submitted that subsequently they have learnt that a Memorandum of Agreement was signed between the State of Manipur and Ramkrishna Mission on 27.8.2015 for establishment of a primary school with the objective of upgrading in following years, a school of languages (English, Burmese, Chinese and Japanese), computer training centre, mobile computer and science laboratories, mobile language lessons and value education and the Ramkrishna Mission have taken possession of the said school and started its activities. The petitioners contend that with abolition of the said Bengali High School, students studying there would be prejudicially affected. 4. It has been contended by the petitioners that the State is the legal owner of the natural resources as a trustee of the people and though it is empowered to distribute the same, it must be guided by the constitutional principles including the doctrine of equality and larger public good. But in the present case, the authorities have arbitrarily abolished the Bengali Primary School and Bengal High School and handed over to Ramkrishna Mission. Accordingly, the petitioners have filed the present PIL challenging the abolition of the said schools as well as handing over the same to Ramkrishna Mission. Mr.Kh.Mani, learned senior counsel for the petitioners contends that such action of the authorities in abolishing of an age old institution and handing over to the Ramkrishna Mission in the midst of the academic session without following any norm or criteria is arbitrary and as such, liable to be set aside. 5. Mr.Kh.Mani, learned senior counsel for the petitioners contends that such action of the authorities in abolishing of an age old institution and handing over to the Ramkrishna Mission in the midst of the academic session without following any norm or criteria is arbitrary and as such, liable to be set aside. 5. On the other hand, Mr.Th.Ibohal, learned Advocate General, Manipur appearing for the State respondents has submitted that this Public Interest Litigation is not maintainable and liable to be dismissed for the reason that the aforesaid action was taken by the State Government by way of policy decision after taking into consideration various aspects. In any event, the said school was not functioning properly having only about 100 students and the purpose of handing over the said school premises to Ramkrishna Mission is to have a better educational institution. It has been submitted that the said school premise was handed over by way of lease. Apart from that, all the students who were studying in the said Bengal Primary School had been properly adjusted in nearby schools located within a radius of 1 km and so far, there has been no complaint from the students or the parents. In any event, the State Government has taken all steps and care to ensure that students studying do not suffer from any inconvenience or dis-advantage, by adjusting them to nearby government schools. Further, it has been also submitted that no material has been disclosed by the petitioners about violation of any statutory or fundamental rights which may attract this public interest litigation jurisprudence and accordingly, submits that the petition is liable to be dismissed. 6. Heard Mr.Kh.Mani, learned senior counsel for the petitioners as well as Mr. Th.Ibohal, learned Advocate General, Manipur. This Court has also perused the contents of the petition. Apart from the allegation that the Government is seeking to abolish an age old institution and the students are being shifted in the midst of academic session, nothing has been brought to the notice of this Court as to how any statutory or fundamental rights have been violated by the aforesaid acts of the State Government. The petitioners have mentioned in para Nos. The petitioners have mentioned in para Nos. 15 and 16 that the petitioners welcome the establishment of Ramkrishna Mission school in the State but their main objection is about the abolition of the said school and the shifting of the students in the midst of academic session. As regards this, the learned Advocate General, Manipur has clearly stated that there are only about 100 students studying in various classes from Classes VI to X who all have been properly adjusted/accommodated in nearby schools within the range of 1 km and their interests have been properly taken care in other schools where proper facilities are available. 7. This Court has noted that apart from the allegation that an aged old institution had been abolished and the same had been handed over to Ramkrishna Mission for establishment of a school, no material has been shown as to how public interest has been prejudiced by the aforesaid acts of the State Government apart from the fact that, the petitioners have failed to point out any violation of statutory or fundamental rights which may require interference by this Court under Public Law remedy. 8. In view of the above, we decline to admit this PIL and accordingly, the same is dismissed. However, we also direct that the State respondents shall take all necessary steps to ensure that any of the students who were studying earlier in the Bengali Primary School and Bengali High School do no suffer from any inconvenience.