Point of Law: It cannot be said that the children of the petitioners are deprived of education in any manner more particularly, when better facility and more teachers are available in Primary School No. 2 (Fazalvas).

ORDER :

1. Heard learned advocate Mr. M.R. Molavi for the petitioners, learned Assistant Government Pleader Mr. Kurven Desai for the respondent Nos. 1, 4 and 5 and leaned advocate Mr. Devang Bhatt appearing on behalf of learned advocate Mr. H.S. Munshaw for the respondent No. 2.

2. By this petition under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs:

“(A) YOUR LORDSHIPS, may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions for quashing and setting the impugned order dated 08.10.2020 passed by the respondent No. 2 in the interest of the justice.

(B) During pendency and final disposal of the present petition, YOUR LORDSHIPS, may be pleased to stay the operation, implementation and execution of the impugned order dated 08.10.2020 passed by the respondent No. 2 and further be pleased to order to continue the school namely Nana Dinara Prathmik Shala situated at Village-Nana Dinara, Taluka-Bhuj, District-Kutchh in the interest of justice.

(C) Pass any such other and/or further orders that may be thought just and proper in the facts and circumstances of the present case.”

3. It is the case of the petitioners that more than 400 villagers are residing in Village-Nana Dinara, Taluka-Bhuj, District-Kutchh. There were two primary schools running in the Village-Nana Dinara. Nana Dinara Primary School No. 1 having standards 1 to 8 was established in the year 1976. Primary School No. 2 (Fazalvas) of Nana Dinara having standards 1 to 8 was established in the year 1991. The petitioners made representations before the authorities for opening “Peta Varg” i.e. class of the main school in Dhanivas area on the ground that the Primary School No. 2 (Fazalvas) situated at a distance of 1.2 kms. Accordingly, the respondent authorities granted permission to open “Peta Varg” in the year 2018, wherein teachers of the Primary School No. 2 (Fazalvas) were teaching in the said school.

4. It appears that later on various other villages in the Taluka of Bhuj made representations to start “Peta Varg” in their village inspite of short distance. Respondent authorities thereafter, verified the distance between Dhanivas and Primary School No. 2 (Fazalvas) through Executive Engineer, Roads and Building Sub-Division and accordingly the by certificate dated 9th March, 2020 it was certified that the distance between Dhanivas and Primary School No. 2 (Fazalvas) of village Nana Dinara is just 600 mts. from the “Peta Varg.” Accordingly, a resolution was passed by the District Education Committee in the meeting held on 24th September, 2020 to close down the “Peta Varg” of Dhanivas by resolution No. 124 of 2020. Based upon the resolution dated 24th September, 2020, the District Primary Education Officer passed the impugned order dated 8th October, 2020 to close Dhanivas “Peta Varg” of the Primary School No. 2 at Fazalvas. The petitioners therefore, being aggrieved by the closure of the “Peta Varg” have preferred this petition with the aforesaid prayers.

5. Learned advocate Mr. Molvi for the petitioners submitted that the respondents have changed their stand as earlier it was pointed out that agenda was issued for the meeting on the ground that only 10 students are studying in the school and thereafter, resolution was passed in the meeting by the District Education Committee to close down the “Peta Varg.”

5.1 It was submitted that the parents of Dhanivas area have filed affidavits which are produced on record by the petitioners. Reliance was also placed upon the information obtained under the Right to Information Act, 2005 to point out that more than 105 students were studying in the “Peta Varg” and all these students were required to go to attend the Primary School No. 2 (Fazalvas) instead of opening the “Peta Varg” at Dhanivas at Nana Dinara village.

5.2 Learned advocate Mr. Molavi submitted that due to closure of “Peta Varg” the students are not going to the school and are not able to get educati