BEENA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has prayed for quashing of corrigendum dated 17.7.2006 Annexure P -8 and memo dated 28.7.2006 Annexure P -9 concerning upgradation of Primary School, Rainadhar to Middle School District Mandi vide notification dated 4.7.2006 Annexure P1.

(2.) THE facts, in brief, are that the petitioner a resident of Village Rainadhar, Tehsil Karsog, District Mandi has filed the present petition on the grounds that Primary School, Rainadhar was upgraded to Middle School vide notification dated 4.7.2006 Annexure P -1. One Keshav Ram had donated three biswas of land and five rooms were donated by the petitioner for the said purpose at Rainadhar. When all the required steps had been taken, suddenly a corrigendum dated 17.7.2006 Annexure P -8 was issued by respondent No.1 vide which it was proposed that Government Middle School, Rainadhar should be read as Government Middle School, Rainadhar at Odidhar. In pursuance of Annexure P -8, another memo dated 28.7.2006 Annexure P -9 was issued showing that the upgraded school should be at Odidhar instead of Rainadhar.

(3.) THE petition has been contested by the respondents No.1 to 3 by filing joint reply. It has been submitted that the petitioner has no locus -standi to file the petition. It has been stated that there was no Government Primary School at Odidhar but the Government Primary School situated at Rainadhar prior to issuance of the corrigendum dated 17.7.2006 Annexure P -8. The Government Primary School, Rainadhar was established in the year 1982 and comes under Gram Panchayat, Pokhi. The distance between Rainadhar and Odidhar is about 700 meters. As per the information received from the Deputy Director of Higher Education, Mandi, maximum villagers of Gadasan Mohal objected the shifting and upgradation of Middle School, Odidhar as majority of them were not benefited by setting up of school at Rainadhar. The respondents have prayed for dismissal of the writ petition. It has been submitted by the respondents in application dated 26.3.2007 that in pursuance to notification dated 17.7.2006 the Government Middle School, Rainadhar at Odidhar was made functional and necessary staff was deputed/posted in the said school for running the middle classes vide letter dated 28.7.2006.