Writ petition challenging G.O.Ms.No.25 dated 12.08.2021 for amalgamation of schools. Court held petitioner failed to prove schools were closed, dismissing the petition.
Directing respondents to stop amalgamation and relocate schools to needy areas.
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HIGH COURT FO J#'",: I6lE,3j jfl3jif,flfAr HyD E RABAD THUR TW Tr'dJ5^'^,'JT,iJf, I."^lr.,ii#A*
PRESENT
THE HON'BLE TH c H E F J U ST c E SAT SH cHAN D RA S HAR MA A N D THE HON'BLE s R J U S TIc E AB H NA N D KU MAR SHAV L WRI PETITION PIL NO. 40 F2022
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AND
..,PETITIONER
College, Hyderabad.
,..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the davit filed therewith, the High Court may be pleased to issue a writ, order or di ction more particularly one in the nature of writ of mandamus declaring the G O.l,4s. 25, dated 12-08-2021, issued by the School Education (Ser. ll) Departme to be u nconstitutio na I and detrimental to the Right to live with dignity and Righ to Education for Children asguaranteed by the Constitution and to direct th respondents to stop the unnecessary amalgamationof Government schools, and to relocate the said schoolswhich have been shiftedto premises of other schoo ls nd planned to be amalgamatedwith them toneedy areas.
lA NO: 1 OF 2022
Petition under Sectio 151 CPC praying that in the circumstancesstated in the affidavit filed in support f the petition, the High Courtmay be pleased to direct the respondents to stop the nnecessary amalgamationof Government schools and
I j
to relocatethe said schools' which have been shifted to premisesof other schools 'and planned to beamalgamated with them' to needy areas pending disposalof this PutlicI nterest Litigation'
Counselfor the Petitloner:SRIM' A' SHAKEEL
Counselfor the Respondents: GP FOR EDUCATION
The Courtmadethe following:ORDER
THE HON'BLET CHIEF JUSTICE SATISH c RA AND
TIIE HON'BL SRI JUSTICE
W.p (pILl.No.4 of 2O22
ORDER:
(Pet thE Hon bte tle Ckef Justice satish chandra sha,ma)
The present t petition has been Iiled by the Telangana Educational Develo ment Foundation as a public interest litigation challenging G.O.Ms No.25, dated I2.OB.2O2|.
Learned cou sel for the petitioner has argued before this Court that on acc nt of the aforesaid Government Order, large number of schools re being closed down by the State Government and as the schools are being closed down in particular localities, children will have to face difficulties in attending the school. Annexure VI to G Ms.No.25, dated 12.08.2021, is reproduced as under:
,ANNEXURE - VI
G.O.Ms.No.2S, Dated 12.8.2021.
Schools with medium of instruction and Management (Government/ la Parishad/ Mandal Praja Parishad) i) If two o more Primary Schools are functioning in the same premlses th/alI the schools shall be ama,lgamated into a single Primary o1. ii) If two o more Upper Primary Schools are functioning in the same prem ses both/all the schools shall be amalgamated into a single Up er Primarv School iii) If tu,o o more High Schools are functioning in the same premises both/ 11 the schools shall be amalgamated into a single High School. iv) If two o more Primary and Upper Primary Schools are functioning in e same premises both/all the schools shall be amalgamated i single Upper Primary School. v) If two o more Primary and High Schools are functioning in the same p mises they shall be amalgamated in such away, that only one P imary School andone HighSchool shall function in the same pre lSCS
vi) If trvo o more Upper Primary Schools and HighSchools are functioningjn the samepremises, then the PrimarySchoolof the Upper Pri School shali be separated as a PrimarySchool with classes I V and the Upper Primary sections of 6ft and 7ft class shall be malgamated with High School. Therefore,there shall be one School and one High School in thepremises. vii) If Prima ,Upper Primary and HighSchool are functioning in the same pre ises, then the Primary sectionsof Upper Primary
School shaflbe amalgamatedwith the pril1y, school'andthe i,:1"."'' #;",i" ;il;" (ctass' vi'+- vtti stra'lt-ue amalgamated ^v, L; vtt ot itrc tlish stt'oot and on the wholetwo #rii "r""" schools i.e.onePrimarytt'o ot"TignSchoolshall onlyfunction' viii) Incaseof two or moreschoolsrunning in the same oremises withdillerent media ofinstruction/ different il;#;;;""i",Aenthe schoolswith samemedium/r{anagement 'JffiiTil;il;aiea suctr that there shall be schoolswithsingle medium/Management onlY' rx) The Girls HighSchools shal1 not be amalgamatedwithco- education oiBoYs HighSchools
SANDEEPKUMAR SULTANIA SECRETARYTO GOVERNMENT
/ /FORWARDEDBY ORDER//
SECTION OFFICER'
The aforesaid GovernmentOrdermakesit very clear that in case of two or more schoolsfunctioning in the samepremises' both/all the schools shal1 be amalgamatedinto a single school. It is nobody's case that the schools are being closeddown inthe State of Telangana. On the contrary, in order to ensure smooth functioning of the schools, where in the same premises there are independent schools, they are being brought under one umbrella by way of a policy decision.
Learned counsel for petitioner has not been able to point out from the Government Order that schools are being closed down by the State Government. Therefore, this Court does not find any reason to interfere witl'r the Government Order issued by the State Government.
The writ petition (public interest litigation) is accordingly dismissed. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
\
Sd/-MOHD.SANAU LLAH ANSARI ASSISTANT REGIST'IAR ,TRUE COPY' \ /. SECTION OFFICER
To,
IVIP
q
HIGHGOURT
DATED:0610112022
ORDER
WP(PIL).N o.4 of2022
1HE Sia r.
t
c)e
09 FtB 2822
DTSMISSTNG THE WRIT PETITION(PlL) WITHOUT COSTS
@*{6 *.6v"
1 issue framed by the court
Whether the High Court should interfere with G.O.Ms.No.25 dated 12.08.2021 which provides for amalgamation of schools running in same premises.
2 provisions across 2 enactments
Telangana Educational Development Foundation
Commissioner and Director School Education Department, Government of Telangana
District Education Officer, Hyderabad District
Satish Chandra Sharma
Abhijendra Kumar Shauk
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
