Rajasthan High Court - Jodhpur
State Of Rajasthan vs School Development Management ... on 14 January, 2022
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 19/2022
1. State Of Rajasthan, Through Secretary Department Of
Education, Government Of Rajasthan, Jaipur.
2. Director, Secondary Education, Bikaner.
3. State Education Research And Training Centre, Udaipur
Through Its Director.
4. The District Education Officer (Secondary), Jodhpur.
5. Principal, Shri Hari Singh Senior Secondary School Pilwa
Panchayat Samiti Dechu, District Jodhpur (Rajasthan).
----Appellants
Versus
1. School Development Management Committee, Shri Hari
Singh Senior Secondary School, Pilwa Panchayat Samiti
Dechu, District Jodhpur (Rajasthan) Through Its Member
Harish Khatri S/o Phool Chand Khatri, Aged About 40
Years (Rajasthan).
2. Harish Khatri S/o Phool Chand Khatri, Aged About 40
Years, Resident Of Pilwa Panchayat Samiti Dechu, District
Jodhpur (Rajasthan).
3. Kaishi W/o Samda Ram Meghwal, Aged About 44 Years,
Resident Of Pilwa Panchayat Samiti Dechu, District
Jodhpur (Rajasthan).
----Respondents
For Appellant(s) : Mr. Pankaj Sharma, AAG
through V.C.
For Respondent(s) : Mr. Moti Singh, through V.C.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Order
14/01/2022
(2 of 4) [SAW-19/2022]
This appeal is filed by the State to challenge the judgment
dated 04.01.2022 passed by the learned Single Judge in S.B. Civil
Writ Petition No.16367/2021.
The petition was filed by the School Development
Management Committee and two of the parents of the wards who
were studying in Hindi Medium Government School situated in
village Pilwa District Jodhpur. The petitioners had challenged the
order dated 20th September, 2021 under which the Government
had decided to convert the said Hindi medium school into English
medium school. The learned Single Judge has quashed the said
Government decision, however, given a liberty to the
administration to obtain consent from the School Development
Management Committee through majority.
Learned Additional Advocate General Shri Pankaj Sharma
appeared for the appellants and submitted that as part of the
larger policy decision, the Government has decided to convert
certain schools in rural areas from Hindi medium to English
medium. Initially 33 schools were converted in the first phase. In
the second phase further 167 school were converted and the
Government proposes to convert 1200 schools in next two years
from Hindi to English medium schools. This is in the interest of
the students studying in rural areas. He submitted that while so
converting from Hindi into English medium, the Government policy
also takes into account the fact that some of the parents may not
be willing to put their children in English medium school. In such
cases, arrangements would be made to ensure that such students
are admitted in nearby Hindi Medium Government Schools. In the
present case, the learned Additional Advocate General has pointed
out that in the radius of 5 kms, there are 9 Government Hindi
(3 of 4) [SAW-19/2022]
Medium Schools and within the range of 1 Km. there are as many
as 4 Government Hindi Medium Schools. Besides this, there are
four private schools in the close range of about 1 km. He
submitted that the learned Single Judge has committed a serious
error in interfering with the policy decision of the Government.
Learned Counsel Moti Singh, who appeared for the original
petitioners requested for time and stated that though he has not
filed caveat he would like to appear for the petitioners.
In our view, the issues arising in this appeal require
consideration. The basic question would be of the authority of the
Court to interfere in policy decisions of the Government; in
particular in the field of education. The question also would be if
an alternative Government Hindi Medium School is made available
where the students whose parents do not wish to secure
admission in English medium school are accommodated, would
still the conversion of the school be seen as a breach of the
fundamental right of the students for being imparted education at
the primary level in the language which is his or her mother
tongue. In any case, such conversion cannot be midway to the
academic session, which would disturb the education of the
existing students.
Issue notice, returnable on 25.02.2022.
Learned counsel Shri Moti Singh waives notice on behalf of
the respondents.
By way of ad-interim relief, the judgment of the learned
Single Judge is stayed on the following conditions:
(i) The conversion of the school as proposed under the
Government order shall not be done midway through the
academic term. In other words, such conversion shall not have
(4 of 4) [SAW-19/2022]
effect before the end of the academic term of the academic year
2021-22.
(ii) That the State administration shall ensure that all students,
whose parents desire that they must be admitted in Hindi Medium
school shall be accommodated in a nearby Hindi Medium
Government School and for this purpose whatever assistance is
necessary shall be granted to the parents of such students.
(REKHA BORANA),J (AKIL KURESHI),CJ
113-a.asopa/-
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