School Management Committee Gcps Tiari vs State Of H.P And Others
2025 Latest Caselaw 187 HP

Himachal Pradesh High Court

School Management Committee Gcps Tiari vs State Of H.P And Others on 1 May, 2025

Bench: Tarlok Singh Chauhan, Sushil Kukreja

                                                                                       ( 2025:HHC:11929 )



     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                      CWP No.10548 of 2024
                                                    Decided on: 1st May, 2025
        School Management Committee GCPS Tiari                                  .......Petitioner
                                versus


        State of H.P and others                                                 ...Respondents
        Coram
        The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
        The Hon'ble Mr. Justice Sushil Kukreja, Judge.
        Whether approved for reporting?1
        For the petitioner:                         Mr. Tanuj Thakur, Advocate.

        For the respondents:                        Mr.Navlesh Verma, Addl. A.G
                                                    and Ms.Sharmila Patial, Addl.
                                                    A.G.

        Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of the

following substantive reliefs:-

"i) Issue a writ of certiorari to quash the notification dated 17-08-2024 i.e. Annexure P-3 be quashed as set-aside qua Government Central Primary School Tiuari, Sr. No.40, Education Block Garola, District Chamba, H.P.

(ii) Issue a writ of mandamus directing the respondents to make the Government Central Primary School Tiari, Education Block Garola, District Chamba, H.P. functional/operational w.e.f. the academic year 2024-25 and to start the classes with the student who have been enrolled."

2. Learned Additional Advocate General has placed on

record statement of enrollment for the year 2025, which goes to

indicate that there are now ten students studying in

1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

( 2025:HHC:11929 )

Government Primary School, Tiari. Since the number of

students is more than 5, therefore, the school cannot be closed

down or merged in terms of Notification dated 17.08.2024.

3. Consequently, the instant petition is allowed and the

Notification dated 17.08.2024 (Annexure P-3) so far it relates to

merger of Government Central Primary School, Tiari with upper

Tiari, is quashed and set aside. The respondents are directed to

make the Government Central Primary School, Tiari fully

functional/operational qua the current year 2024-2025.

4. Pending applications, if any, also stand disposed of.

                                           ( Tarlok Singh Chauhan )
                                                     Judge

May 01, 2025                                  ( Sushil Kukreja )
      (naveen)                                       Judge