Shankarlal vs State Of Rajasthan
2023 Latest Caselaw 3462 Raj

[2023/RJJD/011225]

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

[2023/RJJD/011225] (2 of 11) [CW-2187/2022]

Years, R/o Jamela Fali, Pipala, Village-Sewari, Tehsil-Bali, 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. Om Prakash Kumawat For Respondent(s) : Mr. Pankaj Sharma, AAG

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Judgment

Reserved on 20/04/2023 Pronounced on 24/04/2023

[2023/RJJD/011225] (3 of 11) [CW-2187/2022]

1. These writ petitions under Articles 226 of the Constitution of

India have been preferred claiming the following reliefs:

S.B. Civil Writ Petition No. 2187/2022:

"It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed; and:- A. By an appropriate writ, order or direction, action of the respondents in converting the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner into Mahatma Gandhi Government School (English Medium) may kindly be quashed and set aside.

B. By an appropriate writ, order or direction, communication dated 13.09.2021 (Annex-01) and communication dated 20.09.2021 (Annex-02) may kindly be quashed and set aside qua the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner. C. By an appropriate writ, order or direction, the respondents may kindly be restrained from converting the Govt. Girls Secondary School, Mundsar, Lunkarnsar, Bikaner into Mahatma Gandhi Government School (English Medium).

D. By an appropriate writ, order or direction, office orders dated 19.01.2022 (Annex-05) may kindly be quashed and set aside qua Mahatma Gandhi Girls Govt. School, Mundsar, Bikaner.

E. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

F. Writ petition filed by the petitioner may kindly be allowed with costs."

S.B. Civil Writ Petition No. 2140/2022:

"It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

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i. The impugned order dated 20/09/2021 (Annexure-3) passed by respondent No.2, Director Secondary Education, bikaner qua the "Govt. Girls Senior Secondary School, Sewari" (Sr. No.287) set aside.

ii. The impugned orders dated 08/11/2021 (Annexure-4) passed by respondent No.2, Director, Secondary Education, Bikaner qua the "Govt. Girls Senior Secondary School, Sewari" set aside.

iii. Any other order, which this Hon'ble Court consider just and proper, may kindly, also is passed in favour of the petitioners.

iv. Costs of this writ petition are allowed to the petitioners."

2. Since the both instant petitions involve a common

controversy, though with marginal variation in the contextual

facts, therefore, for the purposes of the present analogous

adjudication, the facts are being taken from the above-numbered

SBCWP No.2187/2022, which treating the same as a lead case.

3. The Deputy Administration Secretary-I of the Department of

Education, Rajasthan issued a communication dated 13.09.2021,

impugned herein, to the Director, Secondary Education, Bikaner,

Rajasthan in relation to establishment of 348 Mahatma Gandhi

Government Schools (English Medium), which was announced in

the budget for the year 2021-22; the Government Girls Secondary

School, Mundsar, Lunkarnsar, Bikaner, among other schools, were

to be converted into a Government School (English Medium) and

to start their academic session accordingly, from the academic

session 2021-22. The Government Girls Secondary School,

Mundsar, Lunkarnsar, Bikaner was shown at Serial No. 101 in the

said communication.

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3.1. Thereafter, the Director, Secondary Education, Bikaner issued

a communication dated 20.09.2021, impugned herein, to all Chief

District Education Officers and District Project Coordinators

regarding the aforesaid communication; in this communication,

the name of the Government Girls Secondary School, Mundsar,

Lunkarnsar, Bikaner was shown at Serial No. 88.

3.2. The Pradhan and Zila Parishand Members, after coming to

know that the aforesaid Government Girls School has been sought

to be converted into Mahatma Gandhi Government School (English

Medium), filed a representation before the Director, Directorate of

Education, Bikaner and requested not to convert the Government

Girls School in question and to upgrade it from class 10th to 12th.

3.3. The School Development and Management Committee

(SDMC) of the Government Girls School, in its meeting held on

08.11.2021, passed a proposal that the same may not be

converted into the Mahatma Gandhi Government School (English

Medium). Subsequently, the respondents have issued the office

order dated 19.01.2022, impugned herein, whereby the new

teachers have been posted, among other schools, in the Mahatma

Gandhi Government School (English Medium), Mundsar, Bikaner.

4. Learned counsel for the petitioners (In Writ Petition

No.2187/2022) submitted that the impugned action of the

respondents to covert the School in question, in the mid of session

2021-22, is completely against the National Education Policy, 2020

itself, as also violative of the fundamental rights of the concerned

students, as envisaged in the Constitution of India.

4.1. Learned counsel further submitted that there is an

alternative option in the form of a primary school located in the

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same village, which can be converted into the Mahatma Gandhi

Government School (English Medium), and therefore, before

taking the impugned decision, the Department ought to have

considered the said alternative option.

5. Learned counsel for the petitioners (In Writ Petition

2140/2022) submitted that before taking the impugned decision,

the respondents have not taken into due consideration the fact

that the students (of the Schools in question) are studying in a

Hindi Medium School, and thus, the conversion in question would

make such students face great difficulty in coping up with their

academic Course in English Medium. He further submitted that

prior to taking the impugned decision, the respondents have also

not obtained any consent from the SDMC concerned.

5.1. Learned counsel further submitted that there is no other

Girls Senior Secondary School in the village, in and around 12

kilometres area, and on that count also, the conversion in

question is also inappropriate and against the interest of the

students studying in the School in question. He further submitted

that the appointment of the teachers in the English Medium School

vide the impugned order, is also contrary to the concerned

guidelines.

6. On the other hand, learned Additional Advocate General

appearing on behalf of the respondents, while opposing the

aforesaid submissions made on behalf of the petitioners,

submitted that conversion of the Schools in question into the

Mahatma Gandhi Government School (English Medium) is the

outcome of the policy decision of the State Government, taken to

put in place a better education system equipped with all the

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necessary facilities and infrastructure, than the one already in

existence.

6.1. He further submitted that once a policy decision, in the best

interest of the School education system, has been taken at the

competent level, by the State Government itself, then the SDMC

has no authority to suggest as to which School can be converted

into the Government English Medium School, and in what manner

such conversion can be done. He also submitted that the

conversion of the schools in question into Government English

Medium School has been taken, after the Director Secondary,

Bikaner has received various representations from the concerned

Gram Panchayat Samiti(s), and other residents of the village(s)

concerned.

6.2. He also submitted that all the students who are desirous of

continuing their studies in Hindi Medium, would obviously be

accommodated in a nearby school (Hindi Medium); for the said

purpose, the status regarding the number of nearby Government

Schools and other schools, is also produced on record as

Annexure-R/3. He further submitted that for the present, the

conversion in question i.e. English Medium School, would only be

applicable upto Class-VIII, and the same would be made

applicable to next higher class, on yearly basis.

6.3. Additionally, as regards, Writ Petition No. 2140/2022, learned

Additional Advocate General submitted that the Two Senior

Secondary Government Schools (Out of which one is English

Medium), Two Upper Primary Schools and One Primary School are

there in the radium of 2-3 Kms from the School in question, and

also there are as many as 7 Private Schools already functioning in

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the area concerned. He, therefore, submitted that in the present

case, though the petitioners have alleged great difficulty and

inconvenience to be faced by the students as a result of the

conversion in question, but the petitioners have miserably failed to

substantiate such averments by placing sufficient

material/documents on record, so as to enable them to thwart the

policy decision taken by the State Government in the matter, after

due deliberations.

7. Heard learned counsel for the parties as well as perused the

record of the case.

8. This Court observes that the respondents issued the

impugned communication dated 20.09.2021 in relation to

establishment of 348 Mahatma Gandhi Government Schools

(English Medium), and to convert the Government Girls Secondary

Schools in question, into Mahatma Gandhi Government Schools

(English Medium), which was to start functioning accordingly from

the academic session 2021-22.

9. This Court further observes that the State Government

framed the policy for putting place a better education system, with

better facilities and infrastructure for the students in the State.

The object of the State Government behind framing such a policy,

was to put in place English Medium Schools, for providing better

and affordable education to the students, and for the said

purpose, the impugned decision of conversion of the Schools in

question into Mahatma Gandhi Government School (English

Medium) was taken.

10. This Court also observes that the respondents arranged the

alternative in the form of nearby Hindi Medium Schools for the

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student who wish to pursue their studies in Hindi Medium. This

Court, as regards Writ Petition No. 2140/2022, observes that Two

Senior Secondary Government Schools (Out of which one is

English Medium), Two Upper Primary Schools and One Primary

School are there in the radius of 2 to 3 kilometres from the School

in question and also there are as many as 7 Private Schools

located in the area. Therefore, the impugned decision of

conversion in question has been taken with a view to provide

better and affordable education to the students.

11. This Court is conscious of the judgment rendered by a

Division Bench of this Hon'ble Court in the case of Smt. Sohani

Devi Gurjar Vs. State of Rajasthan & Anr. (D.B. Civil Writ

Petition (PIL) No. 6182/2020, decided on 08.03.2022);

relevant portion whereof reads as under:

"The Petitioner's grievance that conversion of the Hindi medium schools into English medium would also withdraw the hostel facilities to girl students has also been replied by stating that hostel facility and all other facilities are continuing as it is. The statement so made on affidavit in the reply has not been controverted.

The petitioner has not challenged the policy of the Government to convert some of the schools as English medium schools, but it has been restricted mainly to the difficulties which a student willing to take up education in Hindi medium school may face in the Gram Panchayat area of Gram Panchayat, Kharchi where the petitioner is Sarpanch. As the policy of the State, which has been promulgated on 14.06.2019, is not under challenge, but its implementation in a particular area is under challenge, we would confine our consideration only to that aspect.

Undeniably the existing Hindi medium school in the area of Gram Panchayat, Kharchi has been converted into English

[2023/RJJD/011225] (10 of 11) [CW-2187/2022]

medium school. Nevertheless, averment made in the reply is that in the vicinity within 2 Kms as many as three Hindi medium schools are running where the students willing to take education in Hindi medium may get admission, we find that the grievance raised by the petitioner is not genuine.

The hostel facility is also being continued as clearly stated in para 3 of the reply of the respondents, to which no rejoinder has also been filed.

There is no material on record to show that the students, who are willing to take education in Hindi medium, have not been granted admission in any school and have been left out of the education system. There had been certain recommendations which have also been made by the authorities to consider local needs in the matter of consideration relating to running of English medium school in the area.

On totality of the circumstances, we find that the policy of the Government providing for an option and on facts in the present case, there being availability of as many as three schools in the near vicinity, we are not inclined to issue any specific direction as against conversion of one of the schools into English medium school.

We, however, direct that if any of the student, who is willing to take education in Hindi medium, should not be left out of the education system and would be entitled as of right to seek admission in any of the available schools which have been stated in para 2 of the reply affidavit filed by the respondent State. We also place on record clear undertaking given by the State that the hostel facility and all other facilities of the school which were in existence while the school was imparting education in Hindi medium, will continue as it is.

With the aforesaid directions and observations, the petition is finally disposed off."

12. Thus, in view of the aforesaid observations and in light of the

judgment rendered in Smt. Sohani Devi (Supra), and looking

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into the factual matrix of the present case, this Court does not

find it a fit case so as to grant any relief to the petitioners in the

present petitions.

13. Consequently, the present petitions are dismissed. All

pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI), J.

SKant/-

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