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2025 Supreme(Online)(Raj) 15798

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR, ANAND SHARMA
SUMER LAL – Appellant
Versus
STATE OF RAJASTAHN – Respondent
CW / 19462 / 2025



[2025:RJ-JD:53505-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 19462/2025

1. Sumer Lal S/o Late Shri Ram Lal, Aged About 37 Years,

Village Sinli Jagir, Tehsil Pachpadra, District Balotra.

2. Shankara Ram S/o Jiya Ram, Aged About 30 Years, R/o

Rikarlai, Sinli Jagir, District Barmer (Present Balotra).

----Petitioners

Versus

1. State Of Rajastahn, Through Secretary To Government,

School Education Department And Language And Library,

Jaipur, Rajasthan.

2. Director Of Secondary Education, Bikaner, Rajasthan.

3. District Collector, Balotra.

4. Superintendent Of Police, Balotra. 5. District Education Officer, Balotra.

----Respondents

For Petitioner(s) : Mr. Devendra Singh Rathore

Mr. Niraj Soni

For Respondent(s) : Mr. Sajjan Singh Rathore, AAG

Mr. Yuvraj Singh Rathore Mr. Deepak Chandak for

Mr. BL Bhati, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANAND SHARMA

Order

10/12/2025

1. Heard learned counsel for the parties.

2. The present Public Interest Litigation has been filed espousing the case that the Government Senior Secondary School, Sinili Jagir, Pachpadra located at District Balotra is not safe for the students and continuing use of the same may leads to any

incident fatal to the students studying there.

3. Learned counsel for the petitioner submits that the construction of the school is of very poor quality and within a period of seven years from the date of its constructions, it has become in a very dilapidated condition and, therefore, continuing studies of the students in the school is hazardous. Hence, he has prayed that the authorities concerned may be directed to carry out the necessary repair works of the school on urgent basis and in the meantime, alternative arrangements may be made for studies of the students of the school.

4. A reply has been filed by the State Government, wherein it has stated that a report has been received from the concerned Engineer with respect to the condition of the building and necessary repairs will be carried out at the earliest.

5. Dissatisfied with the report of the respondents, this Court vide order dated 18.11.2025 appointed Mr. Sanjay Mathur, Superintending Engineer, PWD, Jodhpur as “Court Commissioner” to inspect the school in question and to submit his report before this court with respect to the present status of the school building and whether the building is fit to be used for the purpose of the school or not.

6. In pursuance of the directions issued by this Court, the Court Commissioner has inspected the Government Senior Secondary School, Sinli Jagir, Pachpadra, Balotra and a detailed inspection report has been filed by him before this Court.

7. As per the report, the building has got certain cracks and some part of the building is not in a condition where the students can be allowed to study. It has been mentioned in the report that the construction of those portions of the building is unsafe for the use of the students and, therefore, the same should be barricaded so that nobody may walks into those areas.

8. The report of the Court Commissioner is taken on record.

9. Learned AAG submits that as per the report of the Court Commissioner, the necessary construction/repair works will be done so that the building may be used for the students of the school. He assures this Court that all remedial measures and the corrective measures will be taken by the State Government expeditiously and till that time, the students will not be allowed to study and walk in the area, which is under construction/repair. He, further assures this Court that all safety measures in building will be taken care of by the State Government to avoid any untoward incident.

10. In view of the submissions made by the learned AAG, the present writ petition is disposed of with the directions to the State government to take immediate urgent measures for undertaking the constructions/repair works of the building for the proper use of the same by the students of the school. The necessary repair

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