B.S. Memorial Shikshan And Vikas ... vs State Of Rajasthan
2022 Latest Caselaw 7422 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Civil Writ Petition No. 17535/2021

B.s. Memorial Shikshan And Vikas Sansthan

----Petitioner Versus State Of Rajasthan

----Respondent Connected With D.B. Spl. Appl. Writ No. 19/2022 State Of Rajasthan

----Petitioner Versus School Development Management Committee

----Respondent

For Petitioner(s) : Mr. Moti Singh For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. Mukesh Rajpurohit, ASG

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

18/05/2022

Heard on application under Article 226 of the Constitution of

India filed by the respondent seeking direction against order dated

29.04.2022 issued during the pendency of this appeal by the

Director Secondary Education.

Learned counsel for the respondent-writ petitioner would

submit that an interim arrangement was made by this court vide

order dated 14.01.2022 for protecting the interest of those

students who are willing to continue their medium of studies in

Hindi but in order dated 29.04.2022 which has now been issued

and by which the school of the writ petitioner has been converted

(2 of 2) [CW-17535/2021]

into English Medium, there is no mention made to protect the

interest of those students who are willing to continue their studies

in Hindi medium.

Learned counsel for State would submit that the State

Government' policy is very clear that whenever there is change of

medium in particular school from Hindi to English, those students

who are willing to continue their studies in Hindi medium would be

provided education in nearby school in Hindi medium and this has

to be followed and for this purpose it is not necessary that the

same is required to be separately mentioned in the order dated

29.04.2022.

In view of the order dated 14.01.2022, particularly what has

been stated in clause (ii) of the order, the protection to the

students who are willing to continue their studies in Hindi medium

is ensured.

The State counsel shall seek instruction whether any

student/students studying in the school of respondent-writ

petitioner have expressed their willingness to continue in Hindi

medium school and if so, what arrangements have been made.

The State counsel shall seek instruction and if necessary, file

additional affidavit in this regard.

Matter be listed on 29.06.2022.

(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

42-nidhi/-

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