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2021 DIGILAW 965 (GUJ)

Nana Dinara Prathmik Shala v. State of Gujarat

2021-10-21

BHARGAV D.KARIA

body2021
ORDER : 1. Heard learned advocate Mr. M.R. Molavi for the petitioners, learned Assistant Government Pleader Mr. Kurven Desai for the respondent Nos. 1, 4 and 5 and leaned advocate Mr. Devang Bhatt appearing on behalf of learned advocate Mr. H.S. Munshaw for the respondent No. 2. 2. By this petition under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs: “(A) YOUR LORDSHIPS, may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions for quashing and setting the impugned order dated 08.10.2020 passed by the respondent No. 2 in the interest of the justice. (B) During pendency and final disposal of the present petition, YOUR LORDSHIPS, may be pleased to stay the operation, implementation and execution of the impugned order dated 08.10.2020 passed by the respondent No. 2 and further be pleased to order to continue the school namely Nana Dinara Prathmik Shala situated at Village-Nana Dinara, Taluka-Bhuj, District-Kutchh in the interest of justice. (C) Pass any such other and/or further orders that may be thought just and proper in the facts and circumstances of the present case.” 3. It is the case of the petitioners that more than 400 villagers are residing in Village-Nana Dinara, Taluka-Bhuj, District-Kutchh. There were two primary schools running in the Village-Nana Dinara. Nana Dinara Primary School No. 1 having standards 1 to 8 was established in the year 1976. Primary School No. 2 (Fazalvas) of Nana Dinara having standards 1 to 8 was established in the year 1991. The petitioners made representations before the authorities for opening “Peta Varg” i.e. class of the main school in Dhanivas area on the ground that the Primary School No. 2 (Fazalvas) situated at a distance of 1.2 kms. Accordingly, the respondent authorities granted permission to open “Peta Varg” in the year 2018, wherein teachers of the Primary School No. 2 (Fazalvas) were teaching in the said school. 4. It appears that later on various other villages in the Taluka of Bhuj made representations to start “Peta Varg” in their village inspite of short distance. Accordingly, the respondent authorities granted permission to open “Peta Varg” in the year 2018, wherein teachers of the Primary School No. 2 (Fazalvas) were teaching in the said school. 4. It appears that later on various other villages in the Taluka of Bhuj made representations to start “Peta Varg” in their village inspite of short distance. Respondent authorities thereafter, verified the distance between Dhanivas and Primary School No. 2 (Fazalvas) through Executive Engineer, Roads and Building Sub-Division and accordingly the by certificate dated 9th March, 2020 it was certified that the distance between Dhanivas and Primary School No. 2 (Fazalvas) of village Nana Dinara is just 600 mts. from the “Peta Varg.” Accordingly, a resolution was passed by the District Education Committee in the meeting held on 24th September, 2020 to close down the “Peta Varg” of Dhanivas by resolution No. 124 of 2020. Based upon the resolution dated 24th September, 2020, the District Primary Education Officer passed the impugned order dated 8th October, 2020 to close Dhanivas “Peta Varg” of the Primary School No. 2 at Fazalvas. The petitioners therefore, being aggrieved by the closure of the “Peta Varg” have preferred this petition with the aforesaid prayers. 5. Learned advocate Mr. Molvi for the petitioners submitted that the respondents have changed their stand as earlier it was pointed out that agenda was issued for the meeting on the ground that only 10 students are studying in the school and thereafter, resolution was passed in the meeting by the District Education Committee to close down the “Peta Varg.” 5.1 It was submitted that the parents of Dhanivas area have filed affidavits which are produced on record by the petitioners. Reliance was also placed upon the information obtained under the Right to Information Act, 2005 to point out that more than 105 students were studying in the “Peta Varg” and all these students were required to go to attend the Primary School No. 2 (Fazalvas) instead of opening the “Peta Varg” at Dhanivas at Nana Dinara village. 5.2 Learned advocate Mr. Molavi submitted that due to closure of “Peta Varg” the students are not going to the school and are not able to get education as the village Nana Dinara is situated in remote area of Taluka Bhuj. 5.2 Learned advocate Mr. Molavi submitted that due to closure of “Peta Varg” the students are not going to the school and are not able to get education as the village Nana Dinara is situated in remote area of Taluka Bhuj. 5.3 It was therefore, submitted that the respondents have taken decision to close down the “Peta Varg” only on the basis of an application made by one Bilal Sama having specific motive to harass petitioners and similarly situated parents of Dhanivas of Nana dinara. It was submitted that a representation was also made by the petitioners before various authorities disclosing such fact. 5.4 Learned advocate Mr. Molavi therefore, submitted that the decision taken by the District Education Officer to close down the “Peta Varg” is required to be quashed and set aside. 6. On the other hand, learned advocate Mr.Devang Bhatt for the respondent no. 2 submitted that the distance between “Peta Varg” at Dhanivas from the Primary School No. 2 (Fazalvas) is only 600 Mtrs. as per the certificate dated 9th March, 2020 submitted by the Deputy Executive Engineer, Roads and Building, Sub-Division. It was further pointed out that the certificate dated 9th March, 2020 also states that there is a mistake in the earlier certificate dated 3rd February, 2020. 6.1 Learned advocate Mr. Bhatt relied upon the following averments made in the affidavit-in-reply filed on behalf of the respondent No. 2 in support of his submission that no “Peta Varg” is required to be continued at Dhanivas as the distance between Dhanivas and Primary School No. 2 (Fazalvas) is about 600 Mtrs. only: “2. The respondent no. 2 most respectfully submits that village Nana Dinara of Taluka Bhuj is having population of 2736 as per census of 2011. It is stated that there are two primary schools having standard 1 to 8 in the village of Nana Dinara though its population is just 2736. The respondent no. 2 most respectfully submits that Primary School No. 1 “Nana Dinara” having std. 1 to 8 was established in the year 1976 while Primary School No. 2 (Fazalvas) of Nana Dinara having std. 1 to 8 was established in the year 1991. The respondent no. The respondent no. 2 most respectfully submits that Primary School No. 1 “Nana Dinara” having std. 1 to 8 was established in the year 1976 while Primary School No. 2 (Fazalvas) of Nana Dinara having std. 1 to 8 was established in the year 1991. The respondent no. 2 submits that representations were received from residents of the area of Dhanivas of village Nana Dinara for opening “Peta Varga” on a ground that the Primary School No. 2 (Fazalvas) was situated at a distance of 1.2 kilo meter. It is most respectfully stated that the Govt. of Gujarat through its Education Dept. has issued a resolution dated 18.2.2012 providing that the Primary School (std. 1 to 5) be established in such a manner that the walking distance is of one kilo meter for the children. The respondent no. 2 submits that similarly provision is made for upper primary education section (std. 1 to 8) pursuant to introduction of Right to Education Act, 2009. The respondent no. 2 submits that several representations were made by the residents of the locality of Dhanivas of village Nana Dinara that the walking distance between Primary School No. 2 (Fazalvas) and Dhanivas area of village Nana Dinara is mere 1.2 kilo meter. It is submitted that in view of this a resolution was passed by District Panchayat Education Committee to establish a “Peta Varg” for primary section (std. 1 to 5) in Dhanivas area. It is pertinent to note that one Mr. Isha Shama Hakim offered his building to enable the authority to conduct a “Peta Varg” and accordingly a permission was granted on 3.8.2018. The respondent no. 2 submits that as per the scheme and policy of the Govt. of Gujarat “Peta Varg” is not having a separate sanctioned pattern of staff and the teachers of regular primary schools are attending “Peta Varg” for the students thereof.It is further stated that the students enrolled in a particular primary school are attending the “Peta Varg.” In other words the teaching staff as well as students are of a particular school but as per the arrangement of “Peta Varg” the students attend the “Peta Varg” and the teaching staff members attend the “Peta Varg.” The respondent no. 2 submits that accordingly for opening of “Peta Varg” pursuant to order dated 3.8.2018 in all 70 to 75 students of Primary School No. 2 (Fazalvas) of village Nana Dinar started attending “Peta Varg.” It is reiterated that their enrolment remained with the said school. 3. The respondent no. 2 submits that later on number of villages of Taluka of Bhuj represented that “Peta Varg” be started in their villages also in spite of short distance. In view of this the Deputy Executive Engineer, Roads and Building Sub-Division was requested to submit his report about the distance and he certified on 9.3.2020 that the distance between Dhanivas Primary School No. 2 (Fazalvas) of village Nana Dinara is just 600 meters. It is stated that in view of this it was clear that there was no justification in demand of the residents of Dhanivas area and the earlier decision was required to be reviewed. 4. The respondent no. 2 craves leave to state that the District Panchayat Education Committee in its meeting dated 24.9.2020 resolved to close down the “Peta Varg” and thereupon an order dated 8.10.2020 was passed by the respondent no. 2. The respondent no. 2 submits that accordingly “Peta Varg” is closed down and present Special Civil Application is preferred on flimsy grounds. 5. The respondent no. 2 submits that the authority had not acted contrary to the interest of villagers and the students. It is stated that the students of Primary School No. 2 (Fazalvas) were allowed to attend the “Peta Varg” pursuant to opening thereof on 3.8.2018 and now they are again brought back to the Primary School No. 2 (Fazalvas). It is stated that throughout they remained the students of Primary School No. 2 (Fazalvas).Tnhe respondent no. 2 craves leave to annexed herewith a statement indicating that there are 208 students in a primary school (std. 1 to 5) located at Fazalvas and four Assistant Teachers are teaching in the school. It is submitted that the said school is also having upper primary education section (std. 6 to 8) and there are 46 students and 3 subject wise teachers. It is stated that all the 105 students are brought back to Primary School No. 2 (Fazalvas). It is most respectfully stated that the impugned decision is not only in accordance with the policy of the State Government but also in the interest of education. 6 to 8) and there are 46 students and 3 subject wise teachers. It is stated that all the 105 students are brought back to Primary School No. 2 (Fazalvas). It is most respectfully stated that the impugned decision is not only in accordance with the policy of the State Government but also in the interest of education. It is submitted that primary school students are not put to any inconvenience and on the contrary there are regular four Assistant Teachers for the entire school at Fazalvas itself. In other words four Assistant Teachers are continuously attending 208 students in the said premises. It helps in operating regular class for the students. 6. In view of this factual background it is clear that neither the students nor the villagers are put to any inconvenience. As such Primary School No. 2 (Fazalvas) was established in 1991 and the same pattern has worked for more than 17 years before opening of Peta Varg. It is stated that all the teachers and students are of Primary School No. 2 (Fazalvas) of village Nana Dinara and are getting all the educational facilities.” 6.2 Relying upon the aforesaid averments it was pointed out that there is a resolution passed by the District Education Committee to close down the “Peta Varg” and the children of the petitioners are not deprived of education. It was also submitted that the children are getting better education as more teachers are available from standard 1 to 5 in the Primary School No. 2 (Fazalvas) and therefore, there is no harassment to the children of the parents as sought to be canvassed before this Court. 6.3 It was also submitted that the petitioners ought to have challenged the order passed by the District Education Officer before the competent authority namely, Commissioner of School or before higher authority instead of approaching directly before this Court. 6.4 It was therefore, submitted that this court may not entertain this petition in view of the alternative remedy available with the petitioners. 7. Having heard the learned advocates for the respective parties, it is not in dispute that the petitioners who are the parents of the children studying in the Primary School No. 2 (Fazlavas) represented before the respondent authorities in the year 2018 to start “Peta Varg” in their village so that children can attend the school. 7. Having heard the learned advocates for the respective parties, it is not in dispute that the petitioners who are the parents of the children studying in the Primary School No. 2 (Fazlavas) represented before the respondent authorities in the year 2018 to start “Peta Varg” in their village so that children can attend the school. The respondent authorities accordingly, started “Peta Varg” in the year 2018. 7.1 It appears that the respondent authorities thereafter, found that the distance between Dhanivas and Primary School No. 2 (Fazalvas) was only 600 Mtrs. on the basis of the certificate issued by the Deputy Executive Engineer, Road and Building, Sub-Division, Bhuj. In such circumstances, it was thought fit by the District Education Committee to close down the “Peta Varg.” 7.2 The students who were studying in the “Peta Varg” are admitted in the Primary School No. 2 (Fazalvas) where the facility of standard 1 to 8 is available and accordingly, the students are also getting better education in the Primary School No. 2 (Fazalvas) which is apparent since 1991. Therefore, it cannot be said that the children of the petitioners are deprived of education in any manner more particularly, when better facility and more teachers are available in Primary School No. 2 (Fazalvas). It is also emerging from the record that the distance between Dhanivas and Primary School No. 2 (Fazalvas) is also 600 Mtrs. only. Considering these facts, it cannot be said that the impugned decision of the respondent authority to close down “Peta Varg” of the Primary School No. 2 (Fazalvas) is in any manner arbitrary or motivated by any person as alleged by the petitioners. 7.3 Learned advocate Mr. Molavi has relied upon the information given under Right to Information Act that many schools are run as “Peta Varg.” However, such submission is also without any basis as the distance between Dhanivas and the Primary School No. 2 (Fazalvas) in 600 Mtrs. only i.e. about about half a kilometer. 8. In view of the foregoing reasons, the petition fails and is accordingly dismissed as no interference is required to be made while exercising extraordinary jurisdiction under Section 226 of the Constitution of India in the impugned decision taken by the District Education Officer to close down the “Peta Varg” of the Primary School No. 2 (Fazalvas). Notice is discharged. No order as to costs.