Neutral Citation No. ( 2024:HHC:9659 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No. 49 of 2024
Date of Decision: 30.09.2024
Raj Kumar Sharma
....Petitioner
Versus
State of H.P. & Others
....Respondents
Coram
Hon’ble Mr Justice Rajiv Shakdher, Chief Justice.
Hon’ble Mr Justice Satyen Vaidya, Judge.
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Whether approved for reporting?
For the Petitioner : A.K. Sharma, Advocate.
For the Respondents : Mr. Anup Rattan, Advocate General with
Mr. Rakesh Dhaulta, Additional
Advocate General
Rajiv Shakdher, Chief Justice (oral)
1. With the consent of learned counsel for the parties, the
present writ petition is taken up for hearing based on the written
instructions received by the respondents. The written instructions are
in the form of a hard copy. The written instructions will form part of
the record.
2. Learned counsel for the respondents has returned with
instructions. According to them, when the impugned Notification
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dated 17.08.2024 was issued, information available with them
indicated that only five (5) students were enrolled at GPS Barwara.
As per instructions received by the learned counsel for the
respondents, the information concerning the enrollment of students
was updated only till 05.08.2024.
3. Thus, taking into account the position obtaining as of
05.08.2024, GPS Barwara was sought to be merged with GPS Badhal
Thore.
4. It is also submitted by the learned Advocate General,
who appears on behalf of the respondents, that the increase in student
strength in GPS Barwara has taken place after 05.08.2024.
5. On the other hand, learned counsel for the petitioner
submits that before 26.02.2024, no teacher had been appointed to GPS
Barwara either on a regular or contractual basis. The enrollment of
students to GPS Barwara escalated only after a teacher was appointed
on 26.02.2024.
6. Learned counsel for the petitioner says that at present
eighteen (18) students stand enrolled in GPS Barwara, of which
fifteen (15) students are aged approximately six (6) years, while the
remaining students are less than six (6) years old.
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7. Thus, the position as of today eighteen (18) students are
enrolled with GPS Barwara.
8. The learned Advocate General sought to defend the
Notification based on enrollment position to GPS Barwara which
obtained as on 05.08.2024.
9. However, the fact remains that there are eighteen (18)
students on the rolls of GPS Barwara who require education.
9.1 According to the counsel for the petitioner, a strong
affinity has developed between the students and the teacher.
According to him, local residents find it to be in the interest of the
children that they continue their education in GPS Barwara.
10. We may note that the learned counsel for the
respondents submits that the majority of the children admitted to GPS
Barwara belong to migrants and therefore, they may not be interested
in having their wards continue in GPS Barwara once they shift from
that area.
11. First of all, we may emphasize that as long as the
children require education, it is the responsibility of the State to
ensure that the school is kept open. Second, if and when there is a
decrease in the number of students, in this case, assuming migration
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of the local residents along with their wards occurs, the government
would cross that bridge as and when such eventuality materializes.
12. Thus, we are inclined to allow the writ petition.
13. GPS Barwara, i.e., indicated at Sr. no. 91 of the
impugned Notification dated 17.8.2024, shall stand excluded from the
Notification.
14. The writ petition is disposed of in the aforesaid terms.
15. At this stage, we are informed by learned counsel for
the petitioner that because of the issuance of the impugned
Notification dated 17.08.2024, the teacher has moved away.
15.1 The respondents will ensure that a teacher is employed
at GPS Barwara.
16. The appointment will take place within two (2) weeks
from today.
(Rajiv Shakdher)
Chief Justice
( Satyen Vaidya)
Judge
th
30 September, 2024
(veena).
Digitally signed by CHURA MANI
THAKUR
Date: 2024.10.13 12:05:03 IST