Rajasthan High Court - Jodhpur
Mohan Ram & Anr vs State Of Raj. & Ors on 7 May, 2013
Bench: Dinesh Maheshwari, Arun Bhansali
D.B. CIVIL WRIT PETITION NO. 1970/2013.
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D.B. CIVIL WRIT PETITION NO. 1970/2013.
(PIL Matter)
Mohan Ram & Anr. Vs. State of Rajasthan & Ors.
..
Date of Order :: 7th May 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Mahaveer Bishnoi, for the petitioners.
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BY THE COURT:
Having heard the learned counsel for the petitioners and having perused the material placed on record, we are unable to find any aspect of public interest in this matter as regards place of opening of a new primary school; and we are not persuaded to entertain the matter as a public interest litigation.
By way of this petition, the petitioners seek to question the order dated 31.01.2013 as issued by Panchayat Samiti Bap, District Jodhpur seeking correction in regard to the place for opening of a new primary school. It is submitted that by an order dated 04.12.2012, the State Government has sanctioned the budget for opening 729 new schools in various parts of the State and, as per the said order, a new primary school was to be established at Daro ki Dhani, Chhakhu (at Serial No.624). Subsequently, the respondent no. 4 issued another order dated 31.01.2013, wherein it was stated that correction of clerical error with regard to location of certain schools has been made, and as a result, the earlier location Daro ki Dhani, Chakku at S.No. 624 was replaced by another location at Bharadiyon Musalman Ki Dhani, Chakkhu for the school in question.
D.B. CIVIL WRIT PETITION NO. 1970/2013.
2 According to the petitioners, the respondents have deprived the children of Daro ki Dhani, Chhaku from the basic elementary education by changing the location of school from the earlier sanctioned place to Bharadiyon Musalmano ki Dhani. The petitioners, thus, pray for setting aside the impugned order dated 31.01.2013.
We are afraid, the submissions hardly make out a case for interference in the public interest jurisdiction of this Court. As to where a particular school is to be established is essentially a matter for consideration and decision of the State Government. In case of any difficulty or any other proposition, it is always open for the petitioners to bring the facts to the notice of the concerned department of the Government and to seek appropriate relief including opening of another school.
In view of the above, while declining to entertain this one as PIL, the petition stands dismissed. However, the petitioners are at liberty to take recourse to other remedies in accordance with law.
(ARUN BHANSALI), J. (DINESH MAHESHWARI), J. /Mohan/