WP(C)/14953/2021
2021 Latest Caselaw 5731 Ori

                               W.P.(C) No. 14953 of 2021




02.   30.04.2021         The matter is taken up by video conferencing mode.
                         Heard Mr. R.P. Dalai, learned counsel for the petitioners
                   and Mr. B. Mohanty, learned Standing Counsel for School and
                   Mass Education Department
                         Mr. R.P. Dalai, learned counsel for the petitioners
                   submits that the decision to merge Jhatiapada Project Primary
                   School with Sailopada Primary School, which is at a distance of
                   more than 1 KM clearly runs contrary to clause (a) of Sub Rule-
                   1 of Rule-6 of the Odisha Right of Children to Free and
                   Compulsory Education Rules, 2010. As per said Rule, school
                   teaching students of Class-I to V of a Primary School has to be
                   established within a walking distance of one kilometer of the
                   neighbourhood. In such background, he contends that the
                   decision to merge Jhatiapada Project Primary School with
                   Sailopada Primary School is highly arbitrary as that would put
                   the small children into great difficulty.
                         Considering such submissions, this Court is of the
                   opinion that the matter requires examination by this Court.
                         Issue notice.
                         Since Mr. B. Mohanty, learned Standing Counsel for the
                   School & Mass Education Department accepts notice on behalf
                   of the opposite parties, four numbers of extra copies of the brief
                   be served on him within three days enabling him to file counter
                   affidavit by next week.
                         Put up this matter on the date fixed along with W.P.(C)
                   No.27401 of 2020, which has been reserved for delivery of
                   judgment.
                         As an interim measure, it is directed that status quo as
                   on today with regard to functioning of Jhatiapada Project
         Primary School shall be maintained till the next date.
              As the restrictions due to resurgence of COVID-19
        situation are continuing, learned counsel for the parties may
        utilize a printout of the order available in the High Court's
        website, at par with certified copy, subject to attestation by the
        concerned advocate, in the manner prescribed vide Court's
        Notice No.4587, dated 25th March, 2020 as modified by Court's
        Notice No. 4798 dated 15th April, 2021.



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Ajaya (DR. B.R. SARANGI, J)