Disposed

Moola Ram v. State of Rajasthan

Rajasthan HC2 Feb 2022CW/12603/2019

Case brief

AI extract

What is this about?

The High Court disposed of connected public interest petitions regarding deficiencies in Government Sanskrit schools, including lack of classrooms and teacher shortages in rural areas. The Court declined micro-management, directing the State to form a permanent high-powered committee to monitor and resolve these infrastructural and staffing issues.

What did the court decide?

Constitution of a permanent high-powered committee to monitor infrastructural and staffing deficiencies in Government Sanskrit schools.

Moola Ram Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 1278/2020

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Kana Ram S/o Rughnath Ram, Aged About 67 Years, Near Railway Station, Tilwada, Distt. Barmer (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru Jaipur.

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Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur.

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 12799/2018

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Pappu Lal Mali S/o Shri Dev Kishan Mali, Aged About 30 Years, R/o Maghraniyon Ki Dhani, Maliyon Ka Bass, Phalodi, District Jodhpur (Raj.).

¶13

Bhanwar Lal S/o Shri Govind Lal, Aged About 48 Years, R/o Narsingh Chowk, Joshiyon Ki Gali, Phalodi, District Jodhpur (Raj.).

¶14

----Petitioners

¶15

Versus

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State Of Rajasthan, Though The Secretary, Department Of Sanskrit Education, Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishan Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru, Jaipur.

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Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur.

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----Respondents

¶20

D.B. Civil Writ Petition No. 12603/2019

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Moola Ram S/o Bhabhuta Ram, Aged About 34 Years, By Caste Meghwal, R/o Galiya Jaitmal, Tehsil Gudamalani, District Barmer.

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(2 of 6)

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[CW-1278/2020]

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Teekma Ram S/o Shera Ram, Aged About 45 Years, By Caste Jat, R/o Asha Nagar, Galiya Jaitmal, Tehsil Gudamalani, District Barmer.

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Rama Ram S/o Mala Ram, Aged About 52 Years, By Caste Jat, R/o Asha Nagar, Galiya Jaitmal, Tehsil Gudamalani, District Barmer.

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----Petitioners

¶27

Versus

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1. State Of Rajasthan, Through Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru, Jaipur.

¶30

Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur.

¶31

----Respondents

¶32

D.B. Civil Writ Petition No. 17285/2019

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Manju Kumari W/o Shri Ashok Kumar, Aged About 35 Years, By Caste Kumhar, R/o Village Manjal, Tehsil Samdari, District Barmer.

¶34

Jalam Singh S/o Jodha Singh, Aged About 60 Years, R/o Manjal, Tehsil Samdari, Distt. Barmer (Raj.).

¶35

----Petitioners

¶36

Versus

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State Of Rajasthan, Through Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru, Jaipur.

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Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur.

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----Respondents

¶41

D.B. Civil Writ Petition No. 3650/2020

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Doula Ram S/o Asu Ram, Aged About 39 Years, R/o Bhariyo Ki Dhani, Nagona Tala, Kanod Distt. Barmer

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Kheta Ram S/o Kharta Ram, Aged About 83 Years, R/o

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(3 of 6)

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[CW-1278/2020]

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Nagana Tala, Kanod, Distt. Barmer

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Laxman Kumar S/o Champa, Aged About 29 Years, R/o Nagana Tala, Kanod, Distt. Barmer

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----Petitioners

¶49

Versus

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Union Of India, Through Secretary, Ministry Of Human Resources Development, Govt. Of India, New Delhi

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The State Of Rajasthan, Through Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur

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The Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru, Jaipur

¶53

Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur

¶54

----Respondents

¶55

D.B. Civil Writ Petition No. 6503/2020

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Mota Ram S/o Padma Ram, Aged About 47 Years, By Cast Jat, R/o Hanumanpura, Kharda Bharat Singh, Tehsil Baytoo, Dist. Barmer (Raj.)

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----Petitioner

¶58

Versus

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State Of Rajasthan, Through The Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No.6, Second Floor, Jawahar Lal Nehru, Jaipur

¶61

Divisional Sankrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur

¶62

----Respondents

¶63

D.B. Civil Writ Petition No. 4343/2021

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Ramchand S/o Bhala Ram, Aged About 46 Years, B/c Bishnoi, R/o Village Siyani Ki Dhani, Chouddha, Tehsil Pipar City, District Jodhpur.

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Bhinya Ram S/o Bhala Ram, Aged About 33 Years, B/c Bishnoi, R/o Village Siyani Ki Dhani, Chouddha, Tehsil Pipar City, District Jodhpur.

(4 of 6)

[CW-1278/2020]

----Petitioners

Versus

State Of Rajasthan, Through Secretary, Department Of Sanskrit Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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Director, Directorate Of Sanskrit Education, Dr. S. Radhakrishnana Siksha Sankul Parishad, Block No. 6, Second Floor, Jawahar Lal Nehru, Jaipur.

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Divisional Sanskrit Education Officer, Near Gandhi Maidan, Sardarpura, Jodhpur.

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----Respondents

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For Petitioner(s),	: Mr. Devilal R. Vyas,
through V.C.	Mr. Jitendra Choudhary, Mr. Rahul Vyas
For Respondent(s),	: Mr. M.S. Singhvi, A.G. assisted by
through V.C.	Mr. K.S. Lodha, Mr. Anil Kumar Gaur,AAG

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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02/02/2022

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These public interest petitions involve similar complaints of the petitioners. Essentially, they revolve around the lack of infrastructure and posting of sufficient number of trained teachers in Government Sanskrit schools.

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We are informed that there are about 1000 such schools in the State where there is special focus on Sanskrit being taught to the students at an early stage. The petitioners have brought to the notice of the Court number of deficiencies in the infrastructure of such schools, such as want of sufficient number of class rooms, other facilities etc. They also pointed out that in the schools situated in the rural areas there is a perennial deficiency of

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(5 of 6)

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[CW-1278/2020]

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teachers. Typically, this happens because the preference of the teachers is to be posted at the urban centres. According to the petitioners, since the urban centres monopolize the sources, the schools situated in the rural areas tend to suffer. Taking cognizance of these averments, this Court has issued directions from time to time. Compliance reports have been called for, which are filed by the State authorities.

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We have heard learned counsel for the parties and perused the orders passed by the Court in the past and compliance reports filed by the State authorities. In nutshell, we can record that with the intervention of the Court, the situation has improved to some extent. However, there are quite a few areas which require further improvement. It is pointed out that in several schools there is serious shortage of class rooms and in some schools sufficient number of teachers are still not posted. Learned Advocate General stated that the recruitment process for teacher grade-III is going on. Once such process is over, there would be considerable relief in terms of availability of teachers.

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Having heard learned counsel for the parties and having perused the documents on record, we are of the opinion that though the issues raised by the petitioners are genuine and valid, in public interest jurisdiction it is impossible for the Court to engage itself into micro management. The duty of the Court is to catalyse the government mechanism to take appropriate steps. It is simply not possible for the Court to minutely monitor every single aspect of public administration. The Government has the mechanism, wherewithal as also duty and responsibility to carry out such functions. Every failure of administration does not necessarily have cure only in law to be enforced by the Court.

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(6 of 6)

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[CW-1278/2020]

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Looking to various genuine deficiencies pointed out by the public interest petitioners, we would require the State administration to set up a high powered committee, who would on permanent basis monitor the infrastructural and other related issues concerning these Government Sanskrit schools. For such purpose, the Government is requested to form a committee consisting of the following members:

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(i) Additional Chief Secretary, Education, who shall be the

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Chairman of the committee.

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(ii) Joint Secretary, Finance.

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(iii) An officer not below the rank of Deputy Secretary, Public Works Department.

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(iv) Director of Sanskrit Education.

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Such committee shall meet at least once every quarter. The committee would have power to issue appropriate directions for appropriate measures to cure any defects or deficiencies in relation to these schools, which may be noticed. The committee would be a permanent committee and if at any stage the Government thinks that looking to the overall improvement, the purpose of the committee no longer survives, the Government would apply to the High Court for winding up the committee.

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With these observations and directions, the public interest petitions are disposed of.

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(MADAN GOPAL VYAS),J

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(AKIL KURESHI),CJ

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1to4,6,11,76-MohitTak/-

Moola Ram v. State of Rajasthan

Case brief

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What did the court decide?

Moola Ram v. State of Rajasthan

Case brief

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