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2022 Supreme(Raj) 283

DINESH MEHTA
School Development Management Committee, Shri Hari Singh Senior Secondary School – Appellant
Versus
State of Rajasthan, Through The Secretary Department of Education, Government of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Moti Singh.
For the Respondents: Pankaj Sharma, AAG, Rishi Soni and Deepak Chandak.

JUDGMENT :

Dinesh Mehta, J.

1. The instant writ petition raises rather uncommon but intriguing and intricate questions relating to rights of the children having their education in a Government school, known as 'Shri Hari Singh Sr. Secondary School', (hereinafter referred to as 'the school') located in Village Pilwa, Panchayat Samiti, Dechu, District Jodhpur.

2. The petitioner No. 1 is the School Development Management Committee (hereinafter referred to as 'SDMC') represented by one of its members while petitioner No. 2 & 3 (whose wards are studying in the school) are parent-members of the SDMC.

3. It is noteworthy that School Development and Management Committee is a statutory body constituted under section 21 of Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act of 2009 or the RTE Act'.)

4. The petitioners feel aggrieved of the decision dated 13.09.2021 taken by the State Government and consequential decision/order dated 20.09.2021 of the respondent No. 2 by which 'the school' has been converted to an English Medium School-Mahatma Gandhi Government Sch

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