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Rajasthan High Court · body

2017 DIGILAW 2479 (RAJ)

Ram Narain Sharma, Son of Shri Ram Kishore Sharma v. State of Rajasthan, Through Deputy Secretary, Ist, Education Department, Secretariat, Jaipur

2017-11-10

AJAY RASTOGI, DEEPAK MAHESHWARI

body2017
ORDER : 1. Instant special appeal is directed against order of the ld. Single Judge dt.16.05.2017 2. The local residents have approached this court with the grievance that policy decision taken by the Government under its order dt.13.04.2010 in shifting the school on account of upgradation from one place to other which, as alleged, is inconvenient to the local residents and the grievance was that it will affect and hamper the studies of their wards. 3. Reply came to be filed by the Government with a justification that taking note of strength of the students and the required number of teachers, a decision was taken to upgrade the school and shift to the nearby place which may cater a good strength of students and Teachers to be posted accordingly and being a policy decision the ld. Single Judge observed that it may not be advisable for the court to invoke its equitable jurisdiction u/Art.226 of the Constitution and it was never the case of the appellants that policy decision of the Government is either arbitrary or has been passed due to some ulterior reasons. 4. After we have heard counsel for the appellants & taking note of the order impugned passed by the ld. Single Judge, we find no error in the order impugned which may call for our interference. 5. Consequently, the instant special appeal fails and is hereby dismissed.