JUDGMENT : 1. This writ petition under Article 226 has been preferred seeking the following reliefs: “It is therefore humbly prayed that Hon’ble Court may kindly be pleased to issue appropriate writ, order or direction whereby the order dated 21.12.22 (Annexure-7), 30.12.22 (Annexure-8) and 09.01.23(Annexure-9) may kindly be declared illegal and arbitrary and therefore quashed and set aside. The respondents may kindly be directed to operate school at same place where it has been operating since 2018 i.e. in Khasra number 2551/2114 village sankad jalore. Any other order which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may be passed. Cost of the petition may kindly be awarded.” 2. As per the pleaded facts, the petitioner is the President of School Management Committee of the Government Primary School, Sankad, Jalore and his son is studying in 5th class in the said school. The aforementioned school was constructed in Khasra no. 2082 measuring 0.08 hectare of revenue village Sankad. Due to flood and heavy rains in the year 2017, the school building broke down, and consequently, a decision was taken, to demolish the building, vide order 12.06.2018 by the District Education Officer (DEO). 2.1. Subsequently, the villagers donated around 0.32 hectare land in Khasra no. 2551/2114 for construction of school building, and thus, the said land was entered in the name of school, and accordingly, allotted to school by the Sub Divisional Officer, Sanchore. Thereafter, the District Education Officer (Elementary Education) directed for construction and operation of the school building at the new place vide order 30.10.2017. After its construction, the school was running at the new place and 32 students were studying in the school. 2.2 Thereafter, some villagers insisted on transferring the school to its original place, and representations were also made by parents against the same; however, the Joint Director, Elementary Education issued the impugned order dated 21.12.2022, whereby a direction was given to operate school at the old place. In pursuance of the said order, the DEO as well as the Principal of Government Upper Primary School (PEEO) Sankad issued orders for transfer of the school vide the impugned orders dated 30.12.2022 and 09.01.2023 respectively. In pursuance of the said order, the DEO as well as the Principal of Government Upper Primary School (PEEO) Sankad issued orders for transfer of the school vide the impugned orders dated 30.12.2022 and 09.01.2023 respectively. However, no building was in existence at the old place and the students had to study under trees, as such, only one student was going to the old school and the rest refused to attend. Aggrieved of such dilapidated state of the school, the present petition has been preferred claiming the afore-quoted reliefs. 3. Learned counsel for the petitioner submitted that at the old school (prior to the year 2017) only one kitchen, one underground water tank and open tin shade hall existed, whereas at the new location of school, one room for office use, one kitchen, one open tin shade hall for children, one water tank and two toilets for boys and girls separately were in existence. It was further submitted that the new school was situated on the road, while on the other hand, the old school was not even connected to the road. 3.1. In furtherance, it was submitted that due to the flood and heavy rains in the year 2017, the old school building had broken down and recently demolished. It was also submitted that due to the cyclone Biferjoy in June 2023 a ditch of around 20 feet was made near the old location, and thus, due to the poor state of the school and the place being prone to flood, new construction at this place would be dangerous, amongst others, to the children attending the school. 4. On the other hand, learned counsel for the respondents submitted that in accordance with the order passed by this Hon’ble Court on 03.07.2023, a mauka report of the site of old location of the school was prepared as well, and thus, the exact status of sites of both the schools was provided by the concerned Chief Block Education Officer, Panchayat Samiti, Sarnau, Jalore. 4.1. It was also submitted that the mauka report, communication dated 07.07.2023 clearly provided that facility of tin shed was recently developed in the campus itself and an extension was given to the present school premises by donation of 0.030 hectare land by Bhamashah in the name of the school, thus expanding the campus of the school. 4.1. It was also submitted that the mauka report, communication dated 07.07.2023 clearly provided that facility of tin shed was recently developed in the campus itself and an extension was given to the present school premises by donation of 0.030 hectare land by Bhamashah in the name of the school, thus expanding the campus of the school. In furtherance, it was submitted that the construction of a classroom was approved by the Panchayat Samiti in the said premises and affirmative consent was also given for expanding boundary wall and other facilities for the school. More facilities like water tank, kitchen, toilet, tin shed facilities are developed, whereas on the other location, there is no facility other than water tank. 4.2. Learned counsel also submitted that the administrative work sanction for the construction of additional classrooms at original school site premises was also issued by the Zila Parishad on 28.06.2023. 5. Heard learned counsel for the parties as well as perused the record of the case. 6. This Court observes that the petitioner is the President of School Management Committee of Government Primary School, Sankad, Jalore and has a son who is also studying in this school; due to heavy rains and flood in 2017, the school building broke down and was shifted to a new location; however vide the impugned orders, the school was shifted back to its original place. 7. 7. This Court further observes that the Chief Block Education Officer, Panchayat Samiti, Sarnau, Jalore provided the status of situation available at the infrastructure of school site at both the locations; the relevant portion of the mauka report vide communication 07.07.2023 is reproduced as hereunder: ^^6- orZeku ifjlj &¼1984½ & esa fo|ky; LFkkukarfjr fd, tkus ij mDr ifjlj esa gh tu lg;ksx ls gky gh esa Nk= fgRkkFkZ Vhu 'ksM dh lqfo/kk fodflr dj nh xbZ gS ftlesa cSBdj fo|kFkhZ v/;;u dj jgs gSA 7- orZeku ifjlj igys ls gh iVokj e.My lkadM- ds xSj eqefdu [kljk uacj 2082 ¼0-08½ gSDVs;j dh LokfeRo j[krk gS A mDr ifjlj dks foLrkj nsrs gq, Hkkek'kkg }kjk blh ifjlj ds layXu [kljk la[;k & 2734@2084 ls 0-030 gSDVs;j Hkwfe fo|ky; ds uke ls nku esa miyC/k djokbZ xbZ gS A ftlls LFkkuh; fo|ky; dk orZeku ifjlj foLr`r gqvk gSA 8- mDr ifjlj esa d{kk&d{k fuekZ.k ds fy, iapk;r lfefr ljukm }kjk ,d d{kk d{k Lohd`r fd;k x;k gS A pkjfnokjh ,oa vU; HkkSfrd lqfo/kkvksa ds foLrkj ds fy, LFkkuh; xzke iapk;r dks voxr djk;k x;k A ftUgksaus ldkjkRed lgefr iznku dh gS A 9- gky gh esa fnukad & 16 o 17 twu 2023 dks vk, izp.M rwQku ,oa vfro`f'V ¼fcQjtkW;½ ls orZeku ifjlj dks fdlh rjg dh dksbZ {kfr ugha igqaph ,oa uk gh tyHkjko dh fLFkfr cuh A 10- nksuksa gh ifjlj Á;kIr mapkbZ ij gS ysfdu Lfkk;h orZeku ifjlj oSdfYid ifjlj dh rqyuk esa T;knk lqfo/kk ;Fkk is;ty VkWadk] jlksbZ?kj] 'kkSpky;] Vhu'ksM lqfo/kk fodflr gS tcfd oSdfYid ifjlj esa is;ty Vadh ds vfrfjDr dksbZ LFkk;h lqfo/kk vkfnukad rd fodflr ugha dh xbZ gSA 11- fo|ky; izca/ku lfefr] xzke iapk;r] fofo/k foHkkxh; tkap fjiksVZ ds vkyksd ,oa orZeku ekSdk fLFkfr ds vuqlkj orZeku ifjlj esa fo|ky; lapkyu esa dksbZ nqfo/kk ugha gSA** 8. This Court thus observes that the students are not being deprived of proper amenities in the school building at the old location, and that, the children are not studying under trees, as claimed by the petitioner. 9. Thus, in light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioner in the present petition. 10. Consequently, the present petition is dismissed. All pending applications stand disposed of.