Rajasthan High Court - Jodhpur
State Of Rajasthan vs School Development Management ... on 14 January, 2022
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 19/2022
1. State Of Rajasthan, Through Secretary Department Of
Education, Government Of Rajasthan, Jaipur.
2. Director, Secondary Education, Bikaner.
3. State Education Research And Training Centre, Udaipur
Through Its Director.
4. The District Education Officer (Secondary), Jodhpur.
5. Principal, Shri Hari Singh Senior Secondary School Pilwa
Panchayat Samiti Dechu, District Jodhpur (Rajasthan).
----Appellants
Versus
1. School Development Management Committee, Shri Hari
Singh Senior Secondary School, Pilwa Panchayat Samiti
Dechu, District Jodhpur (Rajasthan) Through Its Member
Harish Khatri S/o Phool Chand Khatri, Aged About 40
Years (Rajasthan).
2. Harish Khatri S/o Phool Chand Khatri, Aged About 40
Years, Resident Of Pilwa Panchayat Samiti Dechu, District
Jodhpur (Rajasthan).
3. Kaishi W/o Samda Ram Meghwal, Aged About 44 Years,
Resident Of Pilwa Panchayat Samiti Dechu, District
Jodhpur (Rajasthan).
----Respondents
For Appellant(s) : Mr. Pankaj Sharma, AAG
through V.C.
For Respondent(s) : Mr. Moti Singh, through V.C.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Order 14/01/2022 (Downloaded on 15/01/2022 at 08:45:35 PM) (2 of 4) [SAW-19/2022] This appeal is filed by the State to challenge the judgment dated 04.01.2022 passed by the learned Single Judge in S.B. Civil Writ Petition No.16367/2021.
The petition was filed by the School Development Management Committee and two of the parents of the wards who were studying in Hindi Medium Government School situated in village Pilwa District Jodhpur. The petitioners had challenged the order dated 20th September, 2021 under which the Government had decided to convert the said Hindi medium school into English medium school. The learned Single Judge has quashed the said Government decision, however, given a liberty to the administration to obtain consent from the School Development Management Committee through majority.
Learned Additional Advocate General Shri Pankaj Sharma appeared for the appellants and submitted that as part of the larger policy decision, the Government has decided to convert certain schools in rural areas from Hindi medium to English medium. Initially 33 schools were converted in the first phase. In the second phase further 167 school were converted and the Government proposes to convert 1200 schools in next two years from Hindi to English medium schools. This is in the interest of the students studying in rural areas. He submitted that while so converting from Hindi into English medium, the Government policy also takes into account the fact that some of the parents may not be willing to put their children in English medium school. In such cases, arrangements would be made to ensure that such students are admitted in nearby Hindi Medium Government Schools. In the present case, the learned Additional Advocate General has pointed out that in the radius of 5 kms, there are 9 Government Hindi (Downloaded on 15/01/2022 at 08:45:35 PM) (3 of 4) [SAW-19/2022] Medium Schools and within the range of 1 Km. there are as many as 4 Government Hindi Medium Schools. Besides this, there are four private schools in the close range of about 1 km. He submitted that the learned Single Judge has committed a serious error in interfering with the policy decision of the Government.
Learned Counsel Moti Singh, who appeared for the original petitioners requested for time and stated that though he has not filed caveat he would like to appear for the petitioners.
In our view, the issues arising in this appeal require consideration. The basic question would be of the authority of the Court to interfere in policy decisions of the Government; in particular in the field of education. The question also would be if an alternative Government Hindi Medium School is made available where the students whose parents do not wish to secure admission in English medium school are accommodated, would still the conversion of the school be seen as a breach of the fundamental right of the students for being imparted education at the primary level in the language which is his or her mother tongue. In any case, such conversion cannot be midway to the academic session, which would disturb the education of the existing students.
Issue notice, returnable on 25.02.2022.
Learned counsel Shri Moti Singh waives notice on behalf of the respondents.
By way of ad-interim relief, the judgment of the learned Single Judge is stayed on the following conditions:
(i) The conversion of the school as proposed under the Government order shall not be done midway through the academic term. In other words, such conversion shall not have (Downloaded on 15/01/2022 at 08:45:35 PM) (4 of 4) [SAW-19/2022] effect before the end of the academic term of the academic year 2021-22.
(ii) That the State administration shall ensure that all students, whose parents desire that they must be admitted in Hindi Medium school shall be accommodated in a nearby Hindi Medium Government School and for this purpose whatever assistance is necessary shall be granted to the parents of such students.
(REKHA BORANA),J (AKIL KURESHI),CJ
113-a.asopa/-
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