GANESH DUTT Vs. STATE

JUDGEMENT

(1.) The location of a Government School at one site or another is not a matter which ordinarily calls for interference in the exercise of writ jurisdiction. In an exceptional case, however, the Court may be left with no alternative but to interpose an order to check arbitrariness in the adminstrative decision taken in that regard, especially when it appears that there are no defined policy, norms or guidelines governing the selection of the site or if there be any, they are not being followed, and that consequently changes take place in the location of a Government school as a result of conflicting directions emanating from high quarters from time to time without due regard to all the relevant factors. The facts set out hereinbelow, which speak for themselves, justify the Court's intervention in the present case.

(2.) The Gram Panchayat Ratwari comprises about 15 revenue villages. A Government Primary School had been functioning within its local limits at village Ratwari since about 1952, The School was upgraded to a Government Middle School by an order dated Feb. 6, 1987, Annexure-PB. On and from Mar. 31, 1987, the Government Middle School started functioning in the same building in which the Government Primary School was located

(3.) On June 22, 1987, the District Education Officer, addressed a letter, Annexure-PH, to Block Education Officer, Nalagarh, stating that it had been reported that local Gram Panchayat had constructed a Middle School building in village Kothi and that it was desired that the school be shifted to the said newly constructed building immediately. The Block Education Officer was directed to take the follow up action immediately. The school was consequently shifted to village Kothi and it actually started functioning there soon thereafter.