The petitioner lacked locus standi in a public interest litigation regarding school admissions, leading to dismissal.

Order on Board

22/07/2025

1. By way of the present petition, the petitioner has prayed for the following reliefs:

“10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ or direction, commanding the respondent authorities to allow the students to take admission in the Hindi Medium at Government Girls Higher Secondary School Semra Block Gaurella District Gaurella-Pendra-Marvahi (C.G.) with immediate effect.

10.2 That, this Hon’ble Court may kindly further be pleased to issue a writ in the nature of mandamus or to issue appropriate direction, directing the respondent authorities to take action by obeying the directions issued by this Court in WP(PIL) No. 92/2020 in order to provide justice to the villagers.

10.3 That, any other relief which the Hon’ble Court deems fit and proper as per the nature of the case. An affidavit in support of this writ petition is filed herewith.”

2. Learned counsel for the petitioner submits that the present petition is not made against any specific order but it has been made seeking direction towards the respondents to start session of Hindi Medium at Government Girls Higher Secondary School and Middle School Semra Block Gaurella District- Gaurella-Pendra-Marwahi (C.G.). It is further submitted that despite direction issued by this Hon’ble Court in WP(PIL) No. 92/2020 and other connected matters dated 06.07.2023 the authorities are not taking any action but only writing letters and therefore this petition is being filed.

3. Learned counsel for the caveator submits that petitioner has suppressed the material facts that there are 3 writ petitions pending before this Court challenging the order of the Collector and this Court has passed the order of protection in favour of the Caveator.

4. Learned Counsel for the State submits that there is a dispute by and between the petitioner and private respondents and the order of the SDO (Revenue) is appealable order under Section 44(1)(b) of C.G. Land Revenue Code, 1959, therefore, this petition is not maintainable in the eyes of law.

5. Heard learned counsel for the parties and perused the record with utmost circumspection.

6. The petitioner along with other persons made a complaint before the Collector, Gaurella-Pendra-Marwahi on 19.06.2025 (Annexure P/5)

wherein they have stated that:

“dU;k ‘kkldh; gkW;j lsds.Mjh ,oa iwoZ ek/;fed ‘kkyk lsejk esa lapkfyr ugh fd;k tk jgk gS tcfd] vku fjdkMZ ;gka ij Ldwy lapkfyr gS izkpk;Z ds }kjk cPpksa ds Hkfo”; ds lkFk f[kyokM+ fd;k tk jgk gS bl laca/k esa iwoZ esa fnukad 10-06-2025 dks ljiap ,oa xzkeokfl;ksa ds }kjk vkosnu fn;k x;k Fkk larks”ktud fu.kZ; vHkh rd ugh vk;k gS vxj ,d lIrkg ds vUnj Ldwy lapkyu ugh gqvk rks xzkeokfl;ksa ds }kjk pDdk tke fd;k tk,xkA ftldh lEiw.kZ tokcnkjh ‘kklu iz’kklu dh gksxhA”

7. It is crystal clear from the grievance fo the petitioner that he is not an aggrieved person. The petitioner has filed the instant petition in the capacity of Sarpanch of Gram Panchayat Semra, District Gaurella-

Pendra-Marwahi and on behalf of the residents of village Semra. The present petition is in the sketch of PIL and there is no locus standi.

8. Therefore, the present petition is dismissed as not maintainable with liberty to the petitioner to file appropriate petition before appropriate Bench having roaster.