LAWS(P&H)-2015-10-201

RAJESH Vs. STATE OF HARYANA AND ORS.

Decided On October 13, 2015
RAJESH Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the resolution dated 20.06.2015 (Annexure P-10) passed by respondent No.6 whereby in view of ensuing panchayat election, it has been decided not to change the name of Govt. Senior Secondary School, Berla in the name of Freedom Fright Sh. Sultan Singh despite the fact that after necessary approval, permission has been granted by the Deputy Commissioner, Bhiwani to change the name of Govt. Sr. Secondary School, Berla in the name of freedom fighter Sh. Sultan Singh, vide order dated 25.05.2015 (Annexure P-7).

(2.) Brief facts of the case are to the effect that the Govt. of Haryana took a decision regarding naming of Government/Aided Educational Institutions after the Martyrs of Operation Vijay in Kargil in 1999 and in this regard, police dated 10.01.2013 was issued. As per the said policy, if supreme sacrifice is made by the Jawans/officers of Defence Forces and Para Military Forces belonging to the State of Haryana during the 'Operation Vijay' Kargil in 1999, then name of Government/aided Educational Institutions in the cities/Towns/villages shall be named after such martyrs belonging to those cities/towns/villages. As per the petitioner, in the present case also, the Gram Panchayat passed resolution dated 25.03.2015 in respect of changing the name of Govt. Senior Secondary School in the name of freedom fighter Sh. Sultan Singh, who was a freedom fighter and had made a supreme sacrifice for the country. Vide letter dated 25.05.2015 (Annexure P-7), the Deputy Commissioner, Bhiwani has granted permission for changing the name of school and direction was issued to the District Education Officer, Bhiwani for the same. Hence, this writ petition.

(3.) In compliance of order dated 12.10.2015, Deputy Commissioner, Bhiwani and District Education Officer, Bhiwani are present in Court. Dr. Saket Kumar, IAS, Deputy Commissioner, Bhiwani has filed short reply on behalf of respondent Nos.1 to 6 in Court today along with Anneuxres in vernaculars which is taken on record. He states that vernaculars could not be translated due to paucity of time. In para no.2 of the reply, it is mentioned that on 19.06.2015, a large delegation of villagers met him (Deputy Commissioner) and submitted that there are two other freedom fighters and one Military Martyr in the village and they will agitate if the name of school is changed to Ch. Sultan Singh, Govt. Senior Secondary School. After the receipt of resolution dated 20.06.2015 and the report of the District Education Officer, Bhiwani, order dated 25.05.2015 was withdrawn vide letter dated 31.07.2015 (Annexure R-4).