COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
WP(PIL) No.05/2020
IN RE: INTRODUCTION OF SCIENCE STREAM AND INFRASTRUCTURAL
DEVELOPMENT OF J.N.V. PAKYONG
For Petitioner : Mr. N. Rai, Sr. Advocate as Amicus Curiae.
Ms. Malati Sharma, Advocate
For Respondents No. : Dr. Doma T. Bhutia, Addl. Advocate General
1 to 4 Mr. S.K. Chettri, Govt. Advocate.
Ms. Pema Bhutia, Asst. Govt. Advocate.
For Respondents : Ms. Sangita Pradhan, Asst. Solicitor General.
No.5 to 8
Date: 21/12/2021
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
...
JUDGMENT: (per the Hon'ble, the Chief Justice)
On 30th November, 2021, we had directed the learned Assistant Solicitor
General to place on record on the next date, the specific assurance given by the
State to Jawahar Navodaya Vidyalaya, Pakyong, to provide the said Vidyalaya
with additional land. An affidavit has been filed in the Court consequent thereto
on 11th December, 2021, by the respondents no.5 and 6, being the Principal,
Jawahar Navodaya Vidyalaya, Pakyong and Navodaya Vidyalaya Samity,
respectively. This affidavit does not anywhere specifically reveal any assurance
given by the State to Jawahar Navodaya Vidyalaya, Pakyong, to provide the said
Vidyalaya with additional land.
In this regard, the learned Additional Advocate General of the State of
Sikkim has referred to her client's affidavit which was affirmed on 12 th
November, 2021, as well as a response to the affidavit dated 11th December,
2021 of the Jawahar Navodaya Vidyalaya, Pakyong, which was affirmed on 17th
December, 2021. According to her, these affidavits filed on behalf of the State
of Sikkim reveal that recently the Additional Chief Secretary, Education
Page 1 of 2 COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings
Department, Government of Sikkim, has written a D.O. letter dated 19th
October, 2021, addressed to the Secretary, Department of School Education and
Literacy, Ministry of Education, Government of India, wherein he has
stated inter alia as follows;
"............................................................................
This being a special case, I once again request for special consideration for providing financial assistance to Government of Sikkim to the tune of Rs. 6 Crores for purchase of the said land.
............................................................................"
In view of the stand taken on behalf of the State of Sikkim, which is
reflected in the letter dated 19th October, 2021, we do not find any further
reason to keep this Public Interest Litigation pending. We, however, request all
authorities concerned to ensure smooth functioning of Jawahar Navodaya
Vidyalaya, Pakyong, without any hindrance or obstacle from any quarter and
also request both the State Government and Central Government to act in
harmony together in order to further the cause of education amongst children
studying in this educational institution.
WP(PIL) No. 05 of 2020 stands accordingly disposed of.
(Meenakshi Madan Rai) (Biswanath Somadder)
Judge Chief Justice
jk/ds/avi
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