RAKESH TYAGI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission. In this intra court appeal under Section 2 (1) of the Madhya Pradesh Uchch Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, the appellant has assailed the validity of the order dated 08.02.2016 passed by learned Single Judge in W.P.No.7989/2016.

(2.) Facts giving rise to filing of the appeal briefly stated are that the appellant is a resident of Village Kanathar, Tehsil Mehgaon, District Bhind. The appellant's daughter is studying in Government Girls School Kanathar. The school was being run in a old building. However the decision was taken to shift the same in new building, thereupon, the writ petition was filed before this Court namely W.P.No.978/2012 by some of the residents against shifting to the new premises. The aforesaid writ petition was dismissed by the Division Bench of this Court vide order dated 24.06.2013 with the observations that no case for interference in the order of the Collector for shifting the school from the existing place to new place where construction has already been started is made out. Therefore by an order dated 02.09.2013, the District Education Officer took a decision to shift the school to old premises. The aforesaid order was subject matter of challeng in W.P.No.7989/2013 which has been disposed of by learned Single Judge vide order dated 08.02.2016 with the liberty to the petitioner to approach the Collector as well as District Education Officer, Bhind with regard to his grievances.

(3.) When the matter is taken up today, learned counsel for the appellant submitted that since the land was reserved for the purpose of school building and in the school building the construction is being commencing, therefore, the location of the school building could not have been changed. It is further submitted that the old school is in dilapidated condition. Therefore, the education can not be imparted to the children in the old school building. It is further submitted that the order of the shifting of the school is contrary to the order passed by the Division Bench.