Madhya Pradesh High Court
Govt. Adarsh Jiwan Higher Secondary ... vs The State Of M.P. on 9 August, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 9 th OF AUGUST, 2023
WRIT PETITION No. 19675 of 2023
BETWEEN:-
GOVT. ADARSH JIWAN HIGHER SECONDARY SCHOOL
AMOLPATA DISTRICT SHIVPURI THROUGH ITS
PRINCIPAL HARIOM GAUTAM (INCHARGE) S/O SHRI
TULSIRAM GAUTAM, AGED ABOUT 58 YEARS,
OCCUPATION: SERVICE, R/O NEAR TV TOWER SHIV
SHAKTI NAGAR, DISTRICT SHIVPURI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI R. S. DHAKAD - ADVOCATE )
AND
1. THE STATE OF M.P. THROUGH ITS PRINCIPAL
SECRETARY, SCHOOL EDUCATION
DEPARTMENT, GOVT. OF M.P., VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. COM M ISSION ER , DIRECTORATE OF PUBLIC
INSTRUCTION (DPI), GAUTAM NAGAR
BHOPAL(MADHYA PRADESH)
3. S ECR ETARY, M.P. BOARD OF SECONDARY
EDUCATION BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S. S. KUSHWAH - GOVERNMENT ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioner/school has filed the present petition under Article 226 of Constitution of India making a prayer for quashing the order dated 02.11.2021 Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 11-Aug-23 5:01:55 PM 2 (Annexure P/1) by which Respondent No.3 has allotted a wrong code to petitioner.
I t is submitted by counsel for petitioner that petitioner is Government School and, therefore, code which is to be allotted to Government School is to be given to petitioner/school. However, due to some mistake, Respondent No.3 had allotted a different code to petitioner/school. Counsel for petitioner has made a prayer that order dated 02.11.2021 be quashed and respondents be directed to allot correct code to petitioner/school.
Counsel appearing for the respondents have no objection to the same. Heard learned counsel for parties.
On going through the pleadings and documents, which have been filed by petitioner, it is clear that petitioner-school was earlier run by Society. The said school has been taken over by State Government along with all the assets, teachers and other staff of school. The staff is paid by Government. Notification is also pointed out by which said order was passed. This shows that the petitioner is Government School.
Considering the same, writ petition is allowed directing respondent No.2 for re-examining the issue and pass a fresh order allotting correct code to petitioner-school. Fresh order, which will be passed by said respondent will supersede order dated 02.11.2021 contained in Annexure-P/1 so far as it relates to petitioner.
With aforesaid direction, the writ petition is disposed off. Certified copy as per rules.
(MILIND RAMESH PHADKE) JUDGE Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 11-Aug-23 5:01:55 PM 3 Rohit Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 11-Aug-23 5:01:55 PM