Shankarlal S/o Shri Hajariram v. State of Rajasthan
2023-04-24
PUSHPENDRA SINGH BHATI
body2023
DigiLaw.ai
JUDGMENT : PUSHPENDRA SINGH BHATI, J. 1. These writ petitions under Articles 226 of the Constitution of India have been preferred claiming the following reliefs: S.B. Civil Writ Petition No. 2187/2022: “It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed: (A) By an appropriate writ, order or direction, action of the respondents in converting the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner into Mahatma Gandhi Government School (English Medium) may kindly be quashed and set aside. (B) By an appropriate writ, order or direction, communication dated 13.09.2021 (Annex-01) and communication dated 20.09.2021 (Annex-02) may kindly be quashed and set aside qua the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner. (C) By an appropriate writ, order or direction, the respondents may kindly be restrained from converting the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner into Mahatma Gandhi Government School (English Medium). (D) By an appropriate writ, order or direction, office orders dated 19.01.2022 (Annex-05) may kindly be quashed and set aside qua Mahatma Gandhi Girls Govt. School, Mundsar, Bikaner. (E) Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (F) Writ petition filed by the petitioner may kindly be allowed with costs.” S.B. Civil Writ Petition No. 2140/2022: “It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction: (i) The impugned order dated 20.09.2021 (Annexure-3) passed by respondent No. 2, Director Secondary Education, bikaner qua the “Govt. Girls Senior Secondary School, Sewari” (Sr. No. 287) set aside. (ii) The impugned orders dated 08.11.2021 (Annexure-4) passed by respondent No. 2, Director, Secondary Education, Bikaner qua the “Govt. Girls Senior Secondary School, Sewari” set aside. (iii) Any other order, which this Hon’ble Court consider just and proper, may kindly, also is passed in favour of the petitioners. (iv) Costs of this writ petition are allowed to the petitioners.” 2. Since the both instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered SBCWP No. 2187/2022, which treating the same as a lead case. 3.
(iv) Costs of this writ petition are allowed to the petitioners.” 2. Since the both instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered SBCWP No. 2187/2022, which treating the same as a lead case. 3. The Deputy Administration Secretary-I of the Department of Education, Rajasthan issued a communication dated 13.09.2021, impugned herein, to the Director, Secondary Education, Bikaner, Rajasthan in relation to establishment of 348 Mahatma Gandhi Government Schools (English Medium), which was announced in the budget for the year 2021-22; the Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner, among other schools, were to be converted into a Government School (English Medium) and to start their academic session accordingly, from the academic session 2021-22. The Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner was shown at Serial No. 101 in the said communication. 3.1. Thereafter, the Director, Secondary Education, Bikaner issued a communication dated 20.09.2021, impugned herein, to all Chief District Education Officers and District Project Coordinators regarding the aforesaid communication in this communication, the name of the Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner was shown at Serial No. 88. 3.2. The Pradhan and Zila Parishand Members, after coming to know that the aforesaid Government Girls School has been sought to be converted into Mahatma Gandhi Government School (English Medium), filed a representation before the Director, Directorate of Education, Bikaner and requested not to convert the Government Girls School in question and to upgrade it from class 10th to 12th. 3.3. The School Development and Management Committee (SDMC) of the Government Girls School, in its meeting held on 08.11.2021, passed a proposal that the same may not be converted into the Mahatma Gandhi Government School (English Medium). Subsequently, the respondents have issued the office order dated 19.01.2022, impugned herein, whereby the new teachers have been posted, among other schools, in the Mahatma Gandhi Government School (English Medium), Mundsar, Bikaner. 4. Learned counsel for the petitioners (In Writ Petition No. 2187/2022) submitted that the impugned action of the respondents to covert the School in question, in the mid of session 2021-22, is completely against the National Education Policy, 2020 itself, as also violative of the fundamental rights of the concerned students, as envisaged in the Constitution of India. 4.1.
4. Learned counsel for the petitioners (In Writ Petition No. 2187/2022) submitted that the impugned action of the respondents to covert the School in question, in the mid of session 2021-22, is completely against the National Education Policy, 2020 itself, as also violative of the fundamental rights of the concerned students, as envisaged in the Constitution of India. 4.1. Learned counsel further submitted that there is an alternative option in the form of a primary school located in the same village, which can be converted into the Mahatma Gandhi Government School (English Medium), and therefore, before taking the impugned decision, the Department ought to have considered the said alternative option. 5. Learned counsel for the petitioners (In Writ Petition 2140/2022) submitted that before taking the impugned decision, the respondents have not taken into due consideration the fact that the students (of the Schools in question) are studying in a Hindi Medium School, and thus, the conversion in question would make such students face great difficulty in coping up with their academic Course in English Medium. He further submitted that prior to taking the impugned decision, the respondents have also not obtained any consent from the SDMC concerned. 5.1. Learned counsel further submitted that there is no other Girls Senior Secondary School in the village, in and around 12 kilometres area, and on that count also, the conversion in question is also inappropriate and against the interest of the students studying in the School in question. He further submitted that the appointment of the teachers in the English Medium School vide the impugned order, is also contrary to the concerned guidelines. 6. On the other hand, learned Additional Advocate General appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submitted that conversion of the Schools in question into the Mahatma Gandhi Government School (English Medium) is the outcome of the policy decision of the State Government, taken to put in place a better education system equipped with all the necessary facilities and infrastructure, than the one already in existence. 6.1.
6.1. He further submitted that once a policy decision, in the best interest of the School education system, has been taken at the competent level, by the State Government itself, then the SDMC has no authority to suggest as to which School can be converted into the Government English Medium School, and in what manner such conversion can be done. He also submitted that the conversion of the schools in question into Government English Medium School has been taken, after the Director Secondary, Bikaner has received various representations from the concerned Gram Panchayat Samiti(s), and other residents of the villages concerned. 6.2. He also submitted that all the students who are desirous of continuing their studies in Hindi Medium, would obviously be accommodated in a nearby school (Hindi Medium); for the said purpose, the status regarding the number of nearby Government Schools and other schools, is also produced on record as Annexure-R/3. He further submitted that for the present, the conversion in question i.e. English Medium School, would only be applicable upto Class-VIII, and the same would be made applicable to next higher class, on yearly basis. 6.3. Additionally, as regards, Writ Petition No. 2140/2022, learned Additional Advocate General submitted that the Two Senior Secondary Government Schools (Out of which one is English Medium), Two Upper Primary Schools and One Primary School are there in the radium of 2-3 Kms from the School in question, and also there are as many as 7 Private Schools already functioning in the area concerned. He, therefore, submitted that in the present case, though the petitioners have alleged great difficulty and inconvenience to be faced by the students as a result of the conversion in question, but the petitioners have miserably failed to substantiate such averments by placing sufficient material/documents on record, so as to enable them to thwart the policy decision taken by the State Government in the matter, after due deliberations. 7. Heard learned counsel for the parties as well as perused the record of the case. 8. This Court observes that the respondents issued the impugned communication dated 20.09.2021 in relation to establishment of 348 Mahatma Gandhi Government Schools (English Medium) and to convert the Government Girls Secondary Schools in question, into Mahatma Gandhi Government Schools (English Medium), which was to start functioning accordingly from the academic session 2021-22. 9.
8. This Court observes that the respondents issued the impugned communication dated 20.09.2021 in relation to establishment of 348 Mahatma Gandhi Government Schools (English Medium) and to convert the Government Girls Secondary Schools in question, into Mahatma Gandhi Government Schools (English Medium), which was to start functioning accordingly from the academic session 2021-22. 9. This Court further observes that the State Government framed the policy for putting place a better education system, with better facilities and infrastructure for the students in the State. The object of the State Government behind framing such a policy, was to put in place English Medium Schools, for providing better and affordable education to the students, and for the said purpose, the impugned decision of conversion of the Schools in question into Mahatma Gandhi Government School (English Medium) was taken. 10. This Court also observes that the respondents arranged the alternative in the form of nearby Hindi Medium Schools for the student who wish to pursue their studies in Hindi Medium. This Court, as regards Writ Petition No. 2140/2022, observes that Two Senior Secondary Government Schools (Out of which one is English Medium), Two Upper Primary Schools and One Primary School are there in the radius of 2 to 3 kilometres from the School in question and also there are as many as 7 Private Schools located in the area. Therefore, the impugned decision of conversion in question has been taken with a view to provide better and affordable education to the students. 11. This Court is conscious of the judgment rendered by a Division Bench of this Hon’ble Court in the case of Smt. Sohani Devi Gurjar vs. State of Rajasthan and Another, D.B. Civil Writ Petition (PIL) No. 6182/2020, decided on 08.03.2022; relevant portion whereof reads as under: “The Petitioner’s grievance that conversion of the Hindi medium schools into English medium would also withdraw the hostel facilities to girl students has also been replied by stating that hostel facility and all other facilities are continuing as it is. The statement so made on affidavit in the reply has not been controverted.
The statement so made on affidavit in the reply has not been controverted. The petitioner has not challenged the policy of the Government to convert some of the schools as English medium schools, but it has been restricted mainly to the difficulties which a student willing to take up education in Hindi medium school may face in the Gram Panchayat area of Gram Panchayat, Kharchi where the petitioner is Sarpanch. As the policy of the State, which has been promulgated on 14.06.2019, is not under challenge, but its implementation in a particular area is under challenge, we would confine our consideration only to that aspect. Undeniably the existing Hindi medium school in the area of Gram Panchayat, Kharchi has been converted into English medium school. Nevertheless, averment made in the reply is that in the vicinity within 2 Kms as many as three Hindi medium schools are running where the students willing to take education in Hindi medium may get admission, we find that the grievance raised by the petitioner is not genuine. The hostel facility is also being continued as clearly stated in Para 3 of the reply of the respondents, to which no rejoinder has also been filed. There is no material on record to show that the students, who are willing to take education in Hindi medium, have not been granted admission in any school and have been left out of the education system. There had been certain recommendations which have also been made by the authorities to consider local needs in the matter of consideration relating to running of English medium school in the area. On totality of the circumstances, we find that the policy of the Government providing for an option and on facts in the present case, there being availability of as many as three schools in the near vicinity, we are not inclined to issue any specific direction as against conversion of one of the schools into English medium school. We, however, direct that if any of the student, who is willing to take education in Hindi medium, should not be left out of the education system and would be entitled as of right to seek admission in any of the available schools which have been stated in Para 2 of the reply affidavit filed by the respondent State.
We, however, direct that if any of the student, who is willing to take education in Hindi medium, should not be left out of the education system and would be entitled as of right to seek admission in any of the available schools which have been stated in Para 2 of the reply affidavit filed by the respondent State. We also place on record clear undertaking given by the State that the hostel facility and all other facilities of the school which were in existence while the school was imparting education in Hindi medium, will continue as it is. With the aforesaid directions and observations, the petition is finally disposed off.” 12. Thus, in view of the aforesaid observations and in light of the judgment rendered in Smt. Sohani Devi (Supra) 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 petitioners in the present petitions. 13. Consequently, the present petitions are dismissed. All pending applications stand disposed of.