Madhya Pradesh High Court
Sarva Hitarth Ashashkiya Sikshan ... vs The State Of Madhya Pradesh Department ... on 9 November, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 25256 of 2022
(SARVA HITARTH ASHASHKIYA SIKSHAN SANSTHA SAMITI THROUGH ITS JOINT SECRET-
ARY PRADEEP DUBEY Vs THE STATE OF MADHYA PRADESH DEPARTMENT OF SCHOOL
EDUCATION AND OTHERS)
Dated : 09-11-2022
Shri Hitesh Sharma, learned counsel for the petitioner.
Shri Umesh Gajankush, learned Additional Advocate General
for the respondents/State.
Learned counsel for the respondents/State seeks and is granted three weeks time to file the reply.
Also heard on the question of interim relief.
Learned senior counsel for the petitioner submits that the half yearly Board examination conducted by the respondents for class 5th and 8th are in gross violation of Section 30 of the Right of Children to Free and Compulsory Education Act, 2009, hence the exams be stayed.
On the other hand, learned counsel for the respondents has opposed the prayer and it is submitted that no case for interim relief is made out at this juncture as it would not prejudice any child and also that the petition has not been preferred by any affected party namely a student or his/her parents.
On due consideration and on perusal of the grounds raised by Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 11-11-2022 17:59:20 2 the learned counsel for the petitioner as also the provisions of the Right of Children to Free and Compulsory Education Act, 2009, it is directed that the results of the examination so conducted by the respondents shall be subject to the final disposal of this petition.
A word of caution to the students who are sitting in the said examination, and also to their parents to not to allow this order to come in their way and they should concentrate in their studies only and give the exams with the same seriousness as earlier.
Let the matter be listed on 29/11/2022 along with W.P. No.25566/2022 C.c. as per rules.
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 11-11-2022 17:59:20