Bankeshwar Nath High School, Banka Bhandar, Garhwa v. State of Jharkhand
2015-01-08
SHREE CHANDRASHEKHAR
body2015
DigiLaw.ai
Order Seeking quashing of letter dated 07.04.2011 whereby, Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been upgraded as Upgraded High School and seeking quashing of order dated 05.05.2012 whereby, the prayer of the petitioner seeking cancellation of upgradation of Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been rejected, the petitioner has approached this Court by filing the present writ petition. 2. The petitioner-school is running since 26.12.1981 and it was granted permission for establishment vide letter dated 11.05.1990. On 07.04.2011, the petitioner came to know that a Middle School running in the same campus has been upgraded as High School and therefore, the petitioner represented before the Deputy Commissioner, Garhwa and other authorities objecting to the upgradation of the Middle School. When no action was taken, the petitioner approached this Court in W.P.(C) No.6387 of 2011, which was disposed of vide order dated 18.01.2012 granting liberty to the petitioner to file fresh representation before the Secretary-cum-Commissioner, Human Resources Development Department, Government of Jharkhand and said authority was directed to pass appropriate order in accordance with law. Thereafter, the Secretary passed order dated 05.05.2012 rejecting the claim of the petitioner. 3. A counter-affidavit has been filed stating that the Principal Secretary, Human Resources Development Department, Government of Jharkhand, after hearing the petitioner-school, has rejected the claim vide order dated 05.05.2012. The Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been upgraded under the centrally sponsored scheme namely, Rastriya Madhyamik Siksha Abhiyaan. Under the said scheme, the State Government took a decision to provide Secondary School facility in the radius of 5 Km. Under the said policy, about 300 Middle Schools have been upgraded into Secondary Schools and about 3300 posts of Assistant Teachers have been sanctioned vide Resolution dated 23.03.2012. In fact, in the year, 2006, 329 Middle Schools were upgraded. After the Rastriya Madhyamik Siksha Abhiyaan was launched, the guidelines contained in letter dated 24.01.2007 lost its relevance. The plea of the petitioner for cancellation of upgradation of Middle School is against the scheme. The concerned Middle School has been upgraded under Rastriya Madhyamik Siksha Abhiyaan in order to serve the larger cause of students and to provide quality education to deprived section of the society in rural areas. 4.
The plea of the petitioner for cancellation of upgradation of Middle School is against the scheme. The concerned Middle School has been upgraded under Rastriya Madhyamik Siksha Abhiyaan in order to serve the larger cause of students and to provide quality education to deprived section of the society in rural areas. 4. Referring to letter dated 24.01.2007, the learned counsel for the petitioner submits that a direction was issued by the Director, Secondary Education not to upgrade any Middle School in places where any other school is functioning. In fact, a direction was issued for identification of Middle Schools within the radius of 810 Kms. and since the upgraded Rajkiya Madhyamik Vidyalaya, Banka Bhandar is running within the same campus, the upgradation of the said school would seriously affect the interest of the petitioner-school. The learned counsel for the respondent-State of Jharkhand reiterated the stand taken in the counter-affidavit and submitted that the petitioner has no locus standi to challenge the upgradation of the Rajkiya Madhyamik Vidyalaya, Banka Bhandar. 5. From a perusal of letter dated 24.01.2007, it appears that the said letter has been issued by the Director, Secondary Education whereas the decision to upgrade Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been taken in terms of Centrally sponsored scheme namely, Rastriya Madhyamik Siksha Abhiyaan. Letter dated 24.01.2007 issued by the Director, Secondary Education is not the policy decision of the Government. The Government took a policy decision for upgradation of the Middle Schools and more than 3300 posts of Assistant Teachers have been sanctioned. The letter dated 24.01.2007 issued by the Director, Secondary Education would not prevail over the policy decision taken by the Government. I find no infirmity in the decision dated 07.04.2011. The representation of the petitioner has rightly been rejected vide order dated 05.05.2012. 6. I find no merit in the writ petition and accordingly, it is dismissed. I.A. No.8131 of 2013, which has been filed for a direction upon the respondents to restrain the respondents not to start the registration process for new sessions, stands disposed of. Petition dismissed.