Disposed

S.M.C.,Govt.Upper Primary School,Barmer v. State of Rajasthan and Ors.

Rajasthan HC5 Jul 2017CW/6869/2017

Case brief

AI extract

What is this about?

Disposal of common writ petitions challenging the merger of an Upper Primary School with Secondary/Senior Secondary schools. The court held the petitions infructuous as the State ensured continuation of Classes I to V in existing premises with qualified staff, rendering the shift grievance moot.

What did the court decide?

Petitions declared infructuous and disposed of as State ensured continuity of primary classes in existing premises.

S.M.C.,Govt.Upper Primary School,Barmer Vs State of… — Service and Employment | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6865 / 2017

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School Manager Committee-Government Upper Primary School, Gandhi Chawk, Barmer Through Its President, Shanti Lal S/o Shri Swroop Chand, Aged About 32 Years, R/o Jeengaro Ka Mohalla, Panghat Road, Barmer.

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----Petitioner

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Versus

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The State of Rajasthan Through the Secretary, Department of Secondary Education, Department of Secondary Education, Govt. of Rajasthan, Jaipur.

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The Director, Secondary Education, Govt. of Rajasthan, Bikaner.

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The District Education Officer, Secondary Education, DistrictBarmer.

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The District Education Officer, Elementary Education, Barmer.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 6830 / 2017

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Harish Kumar Rawal S/o Shri Kesa Ram Rawal, Aged About 45 Years, By Caste Rawal, Resident of Village and Post Office Mandawa, District Sirohi.

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Uttam Kumar S/o Shri Manchha Ram, Aged About 42 Years, Resident of Village and Post Office Mandawa District Sirohi

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Jota Ram Devasi S/o Shri Magha Ram Devasi, Aged About 33 Years, By Caste Devasi, Resident of Village and Post Office Mandawa, District Sirohi

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Chhagan Lal Bagri S/o Shri Bhima Ram Bagri, Aged About 35 Years, By Caste Bagri, Resident of Village and Post Office Mandawa, District Sirohi

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Versus

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State of Rajasthan, Through Secretary to the Government, Department of Elementary Education Secretariat, Jaipur

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The Director, Secondary Education, Bikaner

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The Director, Elementary Education, Bikaner

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(2 of 3)

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[CW-6865/2017]

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The District Education Officer Secondary Education, Sirohi

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The Prinicpal Government Primary School Mandawa, District Sirohi

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----Respondents

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S.B. Civil Writ Petition No. 6869 / 2017 School Manager Committee-Government Upper Primary School, No. 1, Barmer Through Its President, Rajesh Ramawat S/o Shri Shyam Sunar, Aged About 45 Years, R/o Ajad Chowk, Barmer.

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----Petitioner

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The State of Rajasthan Through the Secretary, Department of Secondary Education, Govt. of Rajasthan, Jaipur.

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The Director, Secondary Education, Govt. of Rajasthan, Bikaner.

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The District Education Officer, Secondary Education, DistrictBarmer.

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The District Education Officer, Elementary Education, Barmer.

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----Respondents

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For Petitioner(s) : Mr. C.S. Kotwani and Mr. D.S. Sodha for Mr.Kuldeep Mathur

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For Respondent(s) : Mr. B.L. Bhati

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HON'BLE MS. JUSTICE NIRMALJIT KAUR

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Order

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05/07/2017

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All the above mentioned writ petitions shall stand decided by this common order as the issue involved is identical.

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The petitioners herein are aggrieved by the merger of the Upper Primary School with the Secondary/Senior Secondary Schools. While praying for the said relief, learned counsel for the petitioners contended that as per Rule 6 of the Right of children to

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(3 of 3)

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CW-6865/2017]

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Free and Compulsory Education Rules, 2011, the area or the limits of neighbourhood within which a school has to be established has been specified. Thus, the shifting of the said school will result violation of the Rules. The said Rules were framed in order to ensure that it does not cause inconvenience to the children of

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tender age.

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Reply has been filed. As per the reply filed, the State has decided to continue the Classes from Class I to V in the same premises/building as earlier and before the merger except the same shall be under the supervisory control of Secondary Education Department. Thus, the only grievance that survives is with respect to the staff of the Primary Education, which is being shifted to the schools being run under the Elementary Education Department. It is further stated by learned counsel for the respondent that the State shall ensure that the Primary School being run from the existing premises/building shall have the appropriate, meritorious and qualified teaching staff and the quality of the education being provided to the primary classes shall not be compromised in any manner.

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In view of the above, the present petitions are rendered infructuous and disposed of accordingly.

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It is clarified that the Primary School shall not remain without the proper faculty at any given time.

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(NIRMALJIT KAUR), J.

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sanjaysolanki,pa

S.M.C.,Govt.Upper Primary School,Barmer v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

S.M.C.,Govt.Upper Primary School,Barmer v. State of Rajasthan and Ors.

Case brief

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What did the court decide?

What the court decided

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