Sohan Lal vs State Of Rajasthan
2022 Latest Caselaw 7735 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2187/2022 Shankarlal S/o Shri Hajariram, Aged About 49 Years, R/o Ward Number 04, Uttrada Bass, Moondsar District Bikaner, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director, Secondary Education, Bikaner, Rajasthan.

3. The District Education Officer, Secondary Education, District Bikaner, Rajasthan.

----Respondents Connected With S.B. Civil Writ Petition No. 2140/2022

1. Sohan Lal S/o Shri Heera Lal, Aged About 48 Years, R/o Ramdev Ji Ka Bada Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

2. Nava Ram S/o Shri Rupa Ram, Aged About 46 Years, R/o Ramdev Ji Ka Bada Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

3. Kantilal Meena S/o Shri Galba Ramji, Aged About 42 Years, R/o Andela Colony, Opposite High School, Village- Sewari, Tehsil-Bali, District-Pali, Rajasthan.

4. Govind Kumar S/o Shri Ganeshram, Aged About 30 Years, R/o Andela Meena Ka Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

5. Ramlal Mobarsa S/o Shri Manaram Ji, Aged About 47 Years, R/o Ramdev Ji Ka Bada Bas, Village-Sewari, Tehsil- Bali, District-Pali, Rajasthan.

6. Kesa Ram S/o Shri Puna Ram, Aged About 48 Years, R/o Ramdev Ji Ka Bada Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

7. Himmat Lal Bhati S/o Shri Bhaga Ram Bhati, Aged About 46 Years, R/o Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

8. Kana Ram Garasiya S/o Shri Bhura Ram, Aged About 38 Years, R/o Jamela Fali, Pipala, Village-Sewari, Tehsil-Bali,

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District-Pali, Rajasthan.

9. Harish Kumar S/o Shri Babulal, Aged About 40 Years, R/o Andala Colony, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

10. Chandra Prakash Mobarsa S/o Shri Bhuraram, Aged About 47 Years, R/o Ramdevji Ka Bada Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

11. Nena Ram Mobarasa S/o Shri Dalaram, Aged About 66 Years, R/o 66, Meghwalon Ka Bada Bas, Village-Sewari, Tehsil-Bali, District-Pali, Rajasthan.

12. Ratan Lal Hiragar S/o Shri Jeeva Ram Hiragar, Aged About 38 Years, R/o Meghwalon Ka Was, Village-Sewari, Tehsil- Bali, District-Pali, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Dy. Secretary (Admin.) First, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Secondary Education, Department Of Education, Govt. Of Rajasthan, Bikaner (Raj.)

3. The Director, Elementary Education, Department Of Education, Government Of Rajasthan, Bikaner (Raj.)

4. The Chief District Education Officer, Secondary Education, Pali (Raj.)

5. Principal, Govt. Girls Senior Secondary School, Sewari, Tehsil Bali, District Pali (Raj.)

----Respondents

For Petitioner(s) : Mr. Mohan Singh Mr. Om Prakash Kumawat For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. Rishi Soni

HON'BLE MR. JUSTICE VIJAY BISHNOI Order 24/05/2022

Heard.

Learned counsel for the petitioners while placing reliance on

the judgment dated 4.1.2022 passed by this Court in SBCWP

(3 of 4) [CW-2187/2022]

No.16367/2021 has argued that the State Government cannot

convert any girls school to Mahatma Gandhi English Medium

School without the consent/approval of the School Development

Management Committee. Learned counsel has further submitted

that this Court, in the aforesaid judgment, has clearly held that

consent of the SDMC is essential before converting any girls school

to Mahatma Gandhi English Medium School and the State cannot

act without the consent of the SDMC. It is also submitted that in

the present cases also, the State Government without obtaining

consent of the SDMC has proposed to convert the girls school in

question as Mahatma Gandhi English Medium School.

Mr. Pankaj Sharma, learned AAG appearing for the

respondents has argued that the judgment dated 4.1.2022 passed

by the learned Single Bench in SBCWP No.16367/2021 has been

challenged before the Division Bench of this Court by way of D.B.

Special Appeal No.19/2022 and the Division Bench after hearing

learned counsel for the parties concerned has stayed the operation

of judgment dated 04.01.2022 while imposing 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 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

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Government School and for this purpose whatever assistance is necessary shall be granted to the parents of such students."

Mr. Pankaj Sharma, AAG has informed this Court that in

compliance of the stay order passed by the Division Bench of this

Court, the respondents have not converted any school midway

through the academic session 2021-22 and are making all the

arrangements to ensure that all the students, whose parents

desire that they must be admitted in Hindi Medium school, are

providing admissions in nearby Hindi Medium Government School

for that purpose all necessary assistance are being given to the

parents of such students.

Having heard learned counsel for the parties and taking into

consideration the stay order passed by the Division Bench of this

Court, I deem it appropriate to direct the respondents not to

convert the schools in question midway through the academic

session 2021-22 and the respondents shall also ensure that all the

students, whose parents desire that his/her child must be

admitted in Hindi Medium school, the State shall make all the

arrangements to admit them in the nearby Hindi Medium school

before starting of the next session and for that purpose every

necessary assistance shall be granted to the parents of such

students.

With these observations, the stay petitions stand disposed of.

List in the month of August, 2022.

(VIJAY BISHNOI),J 15-16- S. Dhingra/-

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