Sandip Harshadray Munjyasara vs Shri J N Singh
2023 Latest Caselaw 4687 Guj

       C/MCA/864/2019                                     ORDER DATED: 20/06/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 864 of 2019

                    In R/WRIT PETITION (PIL) NO. 246 of 2017

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                        SANDIP HARSHADRAY MUNJYASARA
                                     Versus
                                 SHRI J N SINGH
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
MS. VRUNDA SHAH, AGP for the Opponent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 20/06/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present Contempt Application has been filed seeking the following prayers:

"a) Initiate contempt proceeding against the alleged contemnors for willfully and deliberately disobeying the CAV judgment dated 09.01.2018 of this Hon'ble Court passed in the WRIT PETITION No. 246 oOF 2017(P.I.L.);

b) Costs of this application be provided for the applicant."

Thus the prayer would suggest that the Applicant is seeking compliance of the order dated 9.1.2018 passed in Writ Petition No. 246 of 2017 (P.I.L.) more particularly the directions issued in paragraph 6.

C/MCA/864/2019 ORDER DATED: 20/06/2023

2. At this stage, the Applicant, who is appearing as Party-in-Person, has fairly submitted that after the aforesaid orders were passed, the Supreme Court in his case i.e. between Sandip Harshadray Manjyasara v. The State of Gujarat and Anr. passed in Petition for Special Leave (C) No. 15556/2017, has passed an order of forming a Committee, which was required to examine the issue with regard to the admission to the effect of 25% of the strength in Class-I in the schools as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (for short "the Act"). He has submitted that, as per his information, the committee, which comprises of a former Judge of the High Court, who would be the Chairman and, the other two Members have submitted before the Supreme Court and the matter is still pending. However, he submitted that in the present matter, the State Government is not complying with the directions issued by the Division Bench with regard to showing the names and numbers of schools in the Web Portal after they are being recognized. Thus, he has submitted that infact for the year 2019-2020, the directions, as issued by this Court, are not complied with. He has therefore submitted that appropriate charges may be framed.

3. Per contra, learned AGP, while referring to the Further Affidavit. filed by Respondent No.2 dated 7.1.2021, has submitted that the State of Gujarat is regularly updating the data in its RTE Web Portal and, all the schools, which are recognized, their names are uploaded. As noticed herein above, the Applicant, at this stage, is only aggrieved with the directions of the non- compliance with regard to showing the names of the schools which are on the Web Portal, which are recognized by the State. The Respondent No.2 in the Affidavit dated 7.1.2023 has explained its stand. A few paragraphs of the Affidavit are reproduced as under:

"2. The present further affidavit is filed for limited purpose to place on record the data sheet which contains District Wise New Recognized

C/MCA/864/2019 ORDER DATED: 20/06/2023

Schools Uploaded on RTE Web portal (Admission Process between 2019-20, 2020-21, 2021-22; and 2022-23. ...

I. For the process of RTE quota admission from the academic year 2018-19, a verifier has been appointed appointed for every 50 such eligible schools under the jurisdiction of DEO and DPEO in order to verify details of the schools like, Name of the School, Address, DISE Code, Type of School, eligibility of No. of seats under RTE quota of the school depending on 25% of students studied in Standard-I during previous year, location of school, etc. This information has to be verified by verifier and uploaded on the online portal duly signed and stamped by both Principal of the school and verifier.

II. Such uploaded information on RTE web portal is re-verified by District level authority to eliminate any mistake in the information.

III. In case newly approved private primary schools, the RTE quota seats are being calculated at the rate of 25% (10 seats) of each class of 40 and availed under RTE quota accordingly.

V. Alongside the advertisement, the display of time-table of RTE quota admission process on RTE web portal is also ensured by the department.

VI. Information on the required documents for RTE admission application are also ensured to be displayed on web portal."

4. Thus, it does appear that the State Authorities have deliberately and willfully not complied with the orders / directions issued by this Court. The Respondent No.2 has also tendered an unconditional apology as mentioned in

C/MCA/864/2019 ORDER DATED: 20/06/2023

the aforesaid Affidavit. Under the circumstances, since the Supreme Court has already seized with the matter and in light of the aforesaid Affidavit, we do not find that the Contempt Proceedings to be further continued and charge is required to framed against the Opponents. Hence, the proceedings are closed.

5. With these observations, the present Application is rejected.

(A. S. SUPEHIA, J)

(M. R. MENGDEY,J) J.N.W / 54