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PUSHPENDRA SINGH BHATI
Shankarlal S/o Shri Hajariram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. These writ petitions under Articles 226 of the Constitution of India have been preferred claiming the following reliefs:
“It is therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed:
(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 ap
The court emphasized that students willing to study in Hindi medium should not be left out of the education system and should be entitled to seek admission in available Hindi medium schools.
The Government's decision to shift the M. E. Section was purely administrative and the Court could not interfere with it unless it was arbitrary, mala fide, or violated statutory provisions.
Educational institutions cannot be discriminated against in medium of instruction; both government and aided schools have equal rights under constitutional provisions.
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