Allowed

C/M New Ideal Convent Public School Paliya Subeha Thru. Manager Pawan Kumar Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. and 4 Others

Allahabad HC12 Nov 2024/7979/2024

Case brief

AI extract

What is this about?

Writ petition challenging school closure. Petitioner built classrooms; petition allowed and school order quashed. Direction issued for road construction.

What did the court decide?

Petition allowed; impugned order dated 02.09.2024 set aside; direction issued to SDO for road construction.

What the court decided

C/M New Ideal Convent Public School Paliya… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:74482

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Court No. - 13

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Case :- WRIT - C No. - 7979 of 2024

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Petitioner :- C/M New Ideal Convent Public School Paliya Subeha Thru. Manager Pawan Kumar Dwivedi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. And 4 Others

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Counsel for Petitioner :- Durgesh Kumar Singh

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Counsel for Respondent :- C.S.C.,Kapil Dev Chaubey,Ramesh Prasad Awasthi,Sunil Kumar Singh,Uday Veer Singh

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the petitioner, Sri Ratnesh Singh Tomar, learned Standing counsel for State and Sri Uday Veer Singh, learned counsel for respondent no.5.

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This petition has been filed with the following prayers:-

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"(i) A writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 02.09.2024 passed by respondent no.5 - Khand Shiksha Adhikari, Haidergarh, Barabanki.

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(ii) A writ, order or direction in the nature of mandamus commanding the respondents to open the seal/lock put on gate as well in the rooms of school and permit the petitioners to run school without any hindrance."

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On 05.11.2024 following order was passed:-

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"1. On 16.10.2024, following order was passed.

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"1. On 23.09.2024, following order was passed:-

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"1. On 21.09.2024, following order was passed.

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"1. The present petition is nominated by Hon'ble Chief Justice vide order dated 18.09.2024.

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2. Heard.

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3. This petition is filed with following prayer:-

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"(i) A writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 02.09.2024 passed by respondent no.5 - Khand Shiksha Adhikari, Haidergarh, Barabanki.

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4. Learned counsel for the petitioner submits that Mr. Sunil Kumar Gaur,

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Khand Shiksha Adhikari, Haidergarh, Barabanki has sealed the premises of school in question on 02.09.2024 with the observation that school building is not upto the mark, which is running in a tin-shed and proper way is not available to approach that school and further there is waterlogging also.

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5. List this case on 23.09.2024.

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6. On the next date, Mr. Sunil Kumar Gaur, Khand Shiksha Adhikari, Haidergarh, Barabanki shall appear in person before this Court along with complete instructions, guidelines and relevant provisions."

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2. In pursuance of the earlier order, Mr. Sunil Kumar Gaur, Block Education Officer, Haidergarh, District Barabanki is present before this Court and files personal affidavit in the form of counter affidavit narrating all the relevant facts, except parawise reply to the contempt application.

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3. Learned counsel for the applicant submits that the applicant will cure all the anomalies within 10 days and shall also file reply to the affidavit filed by respondent no. 5.

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4. List this case on 16.10.2024 at 11.30 a.m.

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5. The Officer, who is present today, shall again appear before this Court on the next date.

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6. Sub Divisional Officer as well as Block Development Officer, Barabanki are also directed to ensure proper road connectivity to the school in question."

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2. In pursuance of aforesaid order, Mr. Sunil Kumar Gaur, Khand Shiksha Adhikari, Haidargarh, Barabanki is present today before this Court. He informs that he visited the school in question on 10.10.2024 and found that construction was going on.

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3. Learned counsel for the petitioner submits that necessary construction as well as painting has already been done.

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4. Learned counsel for the petitioner has filed supplementary affidavit, the copy of the same is provided to learned counsel for respondent nos.3, 4 and 5.

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5. List this case on 05.11.2024 at 11:30 A.M.

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6. On the next date, the officer present today shall again appear in person before this Court."

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2. List this case on 12.11.2024.

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3. By the next date of listing, respondent-Officer, who is present before this Court, shall file affidavit explaining the status of the construction of the building of the school in question and shall again appear before this Court on the next date."

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In compliance of the aforesaid order, Sri Sunil Kumar Gaur, Block Education Officer, Block Haidergarh, District Barabanki

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filed his personal affidavit annexing the photographs of the school after some construction/renovation. In the affidavit it has been stated that four class rooms are found constructed covered with cemented sheet and one additional class room measuring 13.6 ft x 17 feet is newly constructed as well as two toilets are also constructed in the school. It has also been stated that boundary wall of the western side of the school is constructed whereas boundary wall of the south side is under construction and in the north east side the boundary wall is not constructed and the boundary wall of east north side of the school is open.

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The officer present today has stated that class rooms and toilets are functional.

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Learned counsel for the petitioner has stated that rest of the boundary wall is under construction and within a week the same would be completed. He has also stated that the matter is subjudice for construction of road before the Pradhan. He has further stated that direction was issued for considering the grievance of the petitioner in respect of construction of road between the school and village but no action has been taken.

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Considering the submissions of learned counsel for parties and going through the record as well as the affidavit filed by Sri Sunil Kumar Gaur, Block Education Officer, Block Haidergarh, District Barabanki, it is evident that class rooms as well as toilets are functional.

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In such circumstances, with the consent of parties, the petition is allowed and impugned order dated 02.09.2024 is hereby set aside. The direction is also issued to the SubDivisional Officer concerned to look into the matter for construction of road of the school.

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Order Date :- 12.11.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

C/M New Ideal Convent Public School Paliya Subeha Thru. Manager Pawan Kumar Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. and 4 Others

Case brief

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What did the court decide?

What the court decided

C/M New Ideal Convent Public School Paliya Subeha Thru. Manager Pawan Kumar Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. and 4 Others

Case brief

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