Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 1601 (JHR)

Md. Ataullah, Son of Shah Alam v. State of Jharkhand

2018-07-23

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : D.N. Patel, J. 1. This so called Public Interest Litigation has been preferred for the following prayers: “That present writ petition involves substantial public interest aimed at redress of genuine public harm or public injury cause to linguistic and religious Muslim Minority purported to merger of Urdu Medium School in General School in general to resident of Vi age-Betul Kala, Gola, Ramgarh, and nearby Vi ages. In this Public Interest Litigation the petitioners are challenging constitutionality and validity of memo no. SSA-R/18-19/30 dated 04.05.2018 (Annexure-9 Series) issued by the Respondent No. 7 the District Education Superintendent-cum-District Programme Officer, Jharkhand Education Project, Ramgarh and memo no. 216 dated 15.06.2018 (Annexure-9 Series) issued by the Respondent No.9 The Block Education Extension Officer, Gola. And for issuance of writ of certiorari for quashing of memo no. SSA-R/18-19/30 dated 04.05.2018 (Annexure-9 Series) issued by the Respondent No. 9 made in light of resolution taken by the District Elementary Education Committee on 05.04.2018 (Annexure-9 Series). And any other writ/s be issued, orders be passed, directions be made as your lordship made in feet improper in facts and circumstance of the case. And ad interim pending to Public Interest Litigation Petition further operation of impugned order is stayed.” 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this is not a Public Interest Litigation at all rather this is a Publicity Interest Litigation. 3. It appears from the facts of the case that one Government school has been merged with another Government school within the distance of 6 Kms. in the same district and, therefore, this petition has been preferred for quashing and setting aside the Governmental policy decision as well as the Governmental resolution which is at Annexure-9 especially at paragraphs 35 and 37 to the memo of this writ petition. 4. It appears that a policy decision has been taken by the Government. The policy decision is evenly applicable upon the concerned schools, which are covered by the said policy decision. In light of ratio of teachers and students, the merger of two schools has taken place which is at a distance of 6 Kms. 5. Too much has been argued out that 6 Kms. distance is too much and both the schools must run separately. We are not accepting this contention. The distance of 6 Kms. In light of ratio of teachers and students, the merger of two schools has taken place which is at a distance of 6 Kms. 5. Too much has been argued out that 6 Kms. distance is too much and both the schools must run separately. We are not accepting this contention. The distance of 6 Kms. is not a big distance at all. It happens that if the Government wants to maintain the ratio of students and teachers so that effective education can be imparted in both the schools, the ratio of students and teachers will be maintained. There is statutory requirement of maintenance of students and teachers ratio. If the two schools are permitted to run separately, perhaps at both places, there is violation of students and teachers ratio and, therefore, two schools are merged by the order of Governmental policy decision. Moreover, looking to Annexure-8 to the memo of this petition, only two persons have taken objection out of approximately 5000 persons of the village. 6. In view of these facts, there is no substance in this so called Public Interest Litigation. Not a single parent of the student has filed any writ petition nor the students or the parents of Urdu Middle School, Maganpur, Gola, District-Ramgarh has filed a writ petition. Thus, the merger of the school viz. Urdu Middle School, Betul Kalan, District-Ramgarh to (b) Urdu Middle School, Maganpur, Gola, District-Ramgarh is permissible in the eye of law and such merger of two schools, which has taken place in pursuance of the policy decision, cannot be challenged in this Public Interest Litigation. As and when individual challenge is made, legality of the decision taken by the Government may be decided in the individual filed writ petition. 7. With the aforesaid observation, this Public Interest Litigation is, hereby, dismissed with a cost of Rs.10,000/-(Rupees Ten Thousand) which will be deposited by the petitioners, in Advocates' Association Welfare and Development Fund, Jharkhand High Court, Ranchi, within a period of four months from today. 8. Copy of this order will be sent by the Registrar General of this Court to: (a) The President of the Advocates' Association, Jharkhand High Court, Ranchi; and (b) The Secretary of the Advocates' Association, Jharkhand High Court, Ranchi. 9. I.A. No. 6173 of 2018 is, therefore, also dismissed, in view of final order passed in the writ petition.