Disposed

Ram Singh v. State of Rajasthan

Rajasthan HC3 Jan 2022CW/4456/2019

Case brief

AI extract

What is this about?

In this PIL, petitioners challenged the construction of a new school for Motigarh village, arguing the existing building was sufficient. The Court found no reason to interfere, holding it is the decision of authorities where to situate the school, noting both the Government and Panchayat opposed the petition.

What did the court decide?

Permission granted to delete the name of Petitioner No. 1; Rest of the writ petition disposed of without interference.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 4456/2019

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Ram Singh S/o Shri Bakhtawar Singh, Aged About 60 Years, By Caste Rajput, Resident Of Village Motigarh Tehsil Chhattargarh District Bikaner.

¶4

Pappu Ram S/o Shri Narsi Ram, Aged About 47 Years, By Caste Meghwal, Resident Of Village Motigarh Tehsil Chhattargarh District Bikaner.

¶5

Bhani Ram S/o Shri Teja Ram, Aged About 45 Years, By Caste Nai, Resident Of Village Motigarh Tehsil Chhattargarh District Bikaner.

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----Petitioners Versus

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State Of Rajasthan, Through Secretary, Department Of Secondary Education, Rajasthan, Jaipur.

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District Collector, Bikaner.

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District Education Officer (Secondary), Bikaner. 4. Tehsildar (Revenue), Chhatargarh District Bikaner. 5. Principal Govt. Senior Secondary School, Motigarh Tehsil Chhattargarh District Bikaner.

¶10

Gram Panchayat Motigarh, Panchayat Samiti Khajuwala District Bikaner Through Sarpanch.

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Sibani W/o Shri Habib Khan, Sarpanch Garm Panchayat Motigarh Panchayat Samiti Khajuwala District Bikaner.

¶12

----Respondents

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For Petitioner(s)	: Mr. R.S. Choudhary
For Respondent(s)	: Mr. Sunil Beniwal, AAG assisted by Mr.
	Saransh Viz
	Mr. Hemant Choudhary
	Mr. K.R. Saharan

¶14

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

03/01/2022

(2 of 3)

[CW-4456/2019]

On IA No. 01/2021 :

¶20

Learned counsel for the petitioners has sought permission to delete the name of petitioner no.1.

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Permission is granted.

¶22

The application stands disposed of.

¶23

On Writ Petition No. 4456/2019 :

¶24

In this public interest litigation, the petitioners have questioned the action of the Government authorities in constructing a new school for Motighar village situated in Chhatargarh Tehsil, District Bikaner. According to the petitioners, the existing building is sufficient to run panchayat school and there is no need for shifting the same.

¶25

The Government authorities have filed a reply taking a stand that the existing school is situated in a land earmarked as Gair Mumkin Dharmshala and Water Pond. The present building of the school is also in a dilapidated condition. A decision was, therefore, taken to construct a new building of the school. It is pointed out that the allegation of public way being utilized for such purpose is not correct, since upon inquiry it was found that the same is not in use since long.

¶26

The Gram Panchayat also filed a reply opposing the petition, pointing out that new school building is situated in close proximity of the present site. It is also pointed out that the order of the Collector allotting land for construction of school was challenged by other individuals. When this challenge has failed, this petition in the garb of public interest litigation has been filed.

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We find no reason to interfere. It is essentially the decision of the Panchayat and State authorities as to where more conveniently the public school in a village should be situated. In

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(3 of 3)

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[CW-4456/2019]

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the present case, Government as well as Panchayat authorities have opposed the petition.

¶31

Before closing, one aspect needs to be addressed. Counsel for the petitioners submitted that the existing school runs Classes I to XII, as against this, the newly constructed building has only three class rooms. If that being so, State and Panchayat authorities would not shift the existing school until and unless sufficient number of class rooms are constructed in the new site.

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With these observations and directions, the petition is disposed of.

¶33

(RAMESHWAR VYAS),J (AKIL KURESHI),CJ 16-Mak/-

Ram Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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