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2024 Supreme(Online)(RAJ) 1274
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
SURESH KACHCHHAWAHA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 13791 / 2024
For Petitioner(s):Mr. Aman Maheshwari, Mr. Pulkit Sharma; For Respondent(s): Mr. N.K. Mehta
The court held that administrative decisions affecting students must be justified and cannot be arbitrary, especially after students have commenced studies based on those decisions.
Headnote:(A) Education Law - Withdrawal of permission - The Secondary Education Board's order dated 26.07.2024, which sought to withdraw the earlier permission granted on 12.09.2023 for changing the subject from Economics to Hindi Literature, was quashed due to lack of justification and failure to provide an opportunity for hearing. (Paras 3-9)
(B) Right to Education - The court emphasized the importance of ensuring that students are not adversely affected by arbitrary administrative decisions, particularly when they have already commenced studies in the new subject. (Paras 8-10)
Facts of the case:
The petitioners challenged the arbitrary withdrawal of permission to change the subject from Economics to Hindi Literature after students had already begun their studies, with 30% of the syllabus completed.
Findings of Court:
The court found that the withdrawal of permission was arbitrary and lacked justification, thus quashing the order and allowing students to fill their examination forms for Hindi Literature.
Issues: The main issues included the legality of the withdrawal of permission and the impact on students who had already begun studying the new subject.
Ratio Decidendi: The court ruled that the withdrawal of permission was arbitrary and lacked any reasoned justification, emphasizing the need for administrative decisions to consider the interests of students.
Result: The order dated 26.07.2024 and the consequential order were quashed, allowing students to fill their examination forms for Hindi Literature.
Order
1. An additional affidavit has been filed on behalf of the petitioner today. The same is taken on record.
2. The present writ petition has been preferred aggrieved of the order dated 26.07.2024 (Annex.8) and the subsequent office order (Annex.5) (undated and unsigned) which had been issued in pursuance to the order dated 26.07.2024.
3. Brief facts are that vide order dated 12.09.2023, the Government Senior Secondary School, Birai Baori, Jodhpur was permitted by the Respondent No.3 Board to convert the optional subject of Economics to Hindi Literature. In pursuance to the said order, the Lecturer for the said subject was appointed in the school and the students underwent the studies for the subject of Hindi Literature and as has been submitted, almost 30% of the syllabus has been completed.
4. Surprisingly, vide order dated 26.07.2024, the consent given vide order dated 12.09.2023 has been sought to be withdrawn by the Secondary Education Board. Meaning thereby, the permission for changing the subject from Economics to Hindi Literature has now been withdrawn.
5. Learned counsel for the petitioners submits that the said order is totally arbitrary as it was with the permission of the competent authority that the said subject was permitted to be converted. After the said order, the students have undergone the studies and now at the verge when they are required to fill the examination form, the order impugned has been passed.
Learned counsel further submits that the said withdrawal is not at the request of anyone and further, before passing the said order, neither any opportunity of hearing had been given to the concerned school nor any opinion was called for.
6. Learned counsel appearing for the respondent department however, prays for time to file reply to the writ petition.
7. Taking into consideration the fact that the last date for filling up of the examination form is today i.e. 23.08.2024, the request as made by the counsel for the respondents is declined and no further time to file reply can be granted.
8. It is not disputed that permission as granted vide office order dated 12.09.2023 was passed by a competent authority and no objection, whatsoever, was raised by anyone qua the same. Further, the order dated 26.07.2024 (Annex.8) also does not reflect any reason as to why the order dated 12.09.2023 has been withdrawn.
9. In view of the same, keeping into consideration the hardship likely to be faced by the students who are studying the subject of Hindi Literature since the month of September 2023, in the larger interest, the present writ petition is disposed of and the order dated 26.07.2024 and the consequential order Annex.5 (undated and unsigned) are hereby quashed and set aside.
10. The students of the Government Senior Secondary School, Birai Baori, Jodhpur shall be at liberty to fill up the examination form with the subject of Hindi Literature and the respondent Board shall be under an obligation to accept the same.
11. Stay petition and all pending applications, if any, stand disposed of.
