Rajasthan High Court - Jodhpur
Kundan Singh vs State Of Rajasthan (2025:Rj-Jd:40184) on 9 September, 2025
[2025:RJ-JD:40184]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17068/2025
Kundan Singh S/o Shri Takhat Singh, Aged About 59 Years,
Resident Of Opposite Rawla, Peeth, Dungarpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The District Education Officer, (Secondary), Dungarpur.
4. The Headmaster/ Principal, Govt. Sr. Secondary School,
Peeth, District Dungarpur.
5. The Office Of School Development And Management
Committee (Smdc), Govt. Sr. Sec. School, Peeth,
Dungarpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Kunwar Prikshit Raj Deora.
For Respondent(s) :
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
09/09/2025
1. This writ petition has been filed by the petitioner with the
following prayers :-
A. Issue an appropriate writ, order or direction in the
nature of certiorari or any other appropriate writ, order or
direction, quashing and setting aside the impugned E-
Tender Notice No.01/2025-26 dated 23.08.2025 (Annexure-
1) issued by the respondent No.5 - School Development and
Management Committee (SDMC), Government Senior
Secondary School, Peeth, District Dungarpur, whereby the
school land has been invited to be rented out for rented out
the shops and swings during the "Rathotsav Mela-2025."
B. the respondents may kindly be directed not to lease,
rent out, or otherwise permit the use of school premises and
land of Government Senior Secondary School, Peeth,
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District Dungarpur, for any non-educational purpose,
including private fairs, religious functions, or commercial
activities, in future.
C. the respondents may kindly be further directed to
strictly comply with the binding judgment of the Hon'ble
Rajasthan High Court in S.B. CWP No.1580/2011 and the
Circular dated 12.09.2019 (Annexure-3) issued by the
Education Department, Government of Rajasthan, which
categorically prohibit diversion of school premises for
private functions.
D. The respondents to ensure that the premises of Govt.
Sr. Secondary School, Peeth, District Dungarpur, are
utilized exclusively for educational purposes, with proper
facilities, infrastructure, and safety measures in accordance
with the Right of Children to Free and Compulsory
Education Act, 2009.
E. Writ Petition filed by the petitioner may kindly be
allowed with costs."
2. Learned counsel for the petitioner submits that the petitioner
is a Ward Member and is directly concerned with the public
interest so also to protect the sanctity of school premises.
3. The grievance of the petitioner in the present writ petition is
with regard to the fact that SDMC of Government Senior
Secondary School, Peeth, District Dungarpur has issued an NIT for
organizing a fair, which is to be organized from 09.09.2025 to
14.09.2025.
4. At the outset, this Court finds that the petitioner has no
locus to maintain the present writ petition, as neither any legal
nor fundamental right is alleged to have been violated by the
impugned action. The sole contention of the petitioner is that if
the fair is allowed to organize in the school premises, the studies
of the students would be adversely affected. However, no material
whatsoever has been placed on record to establish this fact. Even
otherwise, in the absence of any such material, this Court is not in
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a position to examine the correctness of the impugned action.
Moreover, this Court is not inclined to interfere with the NIT under
challenge, more particularly, at the instance of the petitioner, who
has no locus to question the tender dated 23.08.2025.
5. In view of the discussion made above, no case for
interference is made out. The writ petition is accordingly
dismissed.
6. Pending application, if any, stands disposed of.
(SUNIL BENIWAL),J
32-Rmathur/-
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