Himachal Pradesh High Court
Nek Ram And Others vs State Of H.P. And Others on 6 September, 2016
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 2747 of 2010 Decided on: 6.09.2016.
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___________________________________________________________ Nek Ram and others ...Petitioners Versus State of H.P. and others ....Respondents of Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting? 1No rt ____________________________________________________________ For the petitioner: Mr. Sunil Mohan Goel, Advocate.
For the respondents: Mr. Pankaj Negi & Mr. Ramesh Thakur Deputy Advocate Generals Vivek Singh Thakur, Judge(Oral)
1. Government Middle School Patgaihar was upgraded as Government High School vide notification dated 28.09.2007 Annexure P-1. However, said upgradation was de-notified vide order dated 21.05.2010 Annexure P-9.
Hence, the present petition was filed seeking following main relief:-
1Whether the reporters of the local papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 21:10:18 :::HCHP 2
(i) That this Hon'ble Court may be pleased to .
issue a writ of Certiorari quashing notification dated 21st of May, 2010 Annexure P-9 with further direction to the Respondent State by way of issuance of a writ of Mandamus not to close the of functioning of Government High School, as a High School at village Patgaihar and to continue the rt functioning of the said school as a High School at Patgaihar Kasumpti Constituency Tehsil and District Shimla H.P.
2. Learned Deputy Advocate General has placed on record Notification No. EDN-C-A(1)2/2011 dated Shimla, 171002, 7th February, 2013 vide which 149 Schools (34 GPS, 66 GMS, 25 GHS & 24 GSSS) which were de-notified during the year 2008 onwards as per Annexure A due to non-
availability of budget and non-creation of posts, were ordered to be made functional from the academic session 2013-2014.
He has also placed on record office order No. Shiksha-Shimla ::: Downloaded on - 15/04/2017 21:10:18 :::HCHP 3 (1-3)B(2)-3/2012/function 2154-64 dated 23.04.2013, which .
reads as under:-
Office Order Consequent upon the up-gradation of Govt. Middle School to the level of Govt. High School Vide Govt.
of of Himachal Pradesh Notification No. EDN-C-A (1)2/2011 dated 07.02.2013 and the Director of rt Higher Education letter No. EDN-H (6) 2/2013-14 (functional) Shimla dated 17.04.2013 the following School is hereby made functional with immediate effect.
GMS Patgaihar The up-gradation School shall be made functional from the academic session i.e. 2013-14 Upgradation of the School is subject to the condition that local public will provide the suitable accommodation if required.
Dy Director of Higher Education Shimla, District Shimla-171001 ::: Downloaded on - 15/04/2017 21:10:18 :::HCHP 4 .
4. In view of above development learned counsel for petitioner states that petitioner is satisfied with office order making Govt. High School Patgaihar functional and in view of above nothing survives for adjudication. Hence, present of petition is disposed of so also the pending application if any being infructuous.
rt (Vivek Singh Thakur) Judge 6th September, 2016 (Subh) ::: Downloaded on - 15/04/2017 21:10:18 :::HCHP