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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Shankarlal S/o Shri Hajariram – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition Nos. 2140, 2187 of 2022
Decided On : 24-04-2023
Constitution of India,1950 - Articles 226 – Government school – Converting - Deputy Administration Secretary-I of the Department of Education, Rajasthan issued a communication dated, impugned herein, to Director, Secondary Education, Bikaner, Rajasthan in relation to establishment of 348 Mahatma Gandhi Government Schools (English Medium), which was announced in budget for year - Government Girls Secondary School,among other schools, were to be converted into a Government School (English Medium) and to start their academic session accordingly, from academic session - Government Girls Secondary School, was shown at Serial No. 101 in said communication - There is an alternative option in form of a primary school located in same village, which can be converted into Mahatma Gandhi Government School (English Medium), and before taking impugned decision, Department ought to have considered said alternative option. Para 4.1
Finding of Court :
There is no material on record to show that students, who are willing to take education in Hindi medium, have not been granted admission in any school and have been left out of the education system - There had been certain recommendations which have also been made by authorities to consider local needs in matter of consideration relating to running of English medium school in the area - On totality of circumstances, Court find that policy of Government providing for an option and on facts in present case, there being availability of as many as three schools in near vicinity, Court are not inclined to issue any specific direction as against conversion of one of the schools into English medium school - In view of aforesaid observations and in light of judgment rendered and looking into factual matrix of present case, Court does not find it a fit case so as to grant any relief to petitioners in present petitions.
Result : Present petitions are dismissed.
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 appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(F) Writ petition filed by the petitioner may kindly be allowed with costs.”
S.B. Civil Writ Petition No. 2140/2022:
“It is, therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:
(i) The impugned order dated 20.09.2021 (Annexure-3) passed by respondent No. 2, Director Secondary Education, bikaner qua the “Govt. Girls Senior Secondary School, Sewari” (Sr. No. 287) set aside.
(ii) The impugned orders dated 08.11.2021 (Annexure-4) passed by respondent No. 2, Director, Secondary Education, Bikaner qua the “Govt. Girls Senior Secondary School, Sewari” set aside.
(iii) Any other order, which this Hon’ble Court consider just and proper, may kindly, also is passed in favour of the petitioners.
(iv) Costs of this writ petition are allowed to the petitioners.”
2. Since the both instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered SBCWP No. 2187/2022, which treating the same as a lead case.
3. The Deputy Administration Secretary-I of the Department of Education, Rajasthan issued a communication dated 13.09.2021, impugned herein, to the Director, Secondary Education, Bikaner, Rajasthan in relation to establishment of 348 Mahatma Gandhi Government Schools (English Medium), which was announced in the budget for the year 2021-22; the Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner, among other schools, were to be converted into a Government School (English Medium) and to start their academic session accordingly, from the academic session 2021-22. The Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner was shown at Serial No. 101 in the said communication.
3.1. Thereafter, the Director, Secondary Education, Bikaner issued a communication dated 20.09.2021, impugned herein, to all Chief District Education Officers and District Project Coordinators regarding the aforesaid communication in this communication, the name of the Government Girls Secondary School, Mundsar, Lunkarnsar, Bikaner was shown at Serial No. 88.
3.2. The Pradhan and Zila Parishand Members, after coming to know that the aforesaid Government Girls School has been sought to be converted into Mahatma Gandhi Government School (English Medium), filed a representation before the Director, Directorate of Education, Bikaner and requested not to convert the Government Girls School in question and to upgrade it from class 10th to 12th.
3.3. The School Development and Management Committee (SDMC) of t
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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