PRAKASH HIRAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Government of Rajasthan introduced a scheme in the name of "Rajeev Gandhi Vidhyarthi Digital Yojna" to promote E -awareness among the students. In the scheme aforesaid Hon'ble the Chief Minister declared that for the educational sessions 2011 -12 and 2012 -13, 14" laptops shall be distributed to 20,000 students standing in merit of Class VIIIth, Xth and XIIth. The programme aforesaid is confined to the students of Government schools. Though the petitioner obtained 83.80% marks in XIIth standard examination and also stood at merit No. 8, but laptop is not given to him being a student of private school. Aggrieved by the same he addressed a letter to this Court which is treated as a petition for writ in public interest.

(2.) AS per the facts stated in the petition, the petitioner is resident of a small village Balelav in District Pali. His father is a construction labour and is from a family selected under Below Poverty Line (BPL) class. While working with the father as labour, the petitioner qualified Secondary School Examination (Xth standard) from Government Secondary School, Lambiya with 58.67% marks. Due to non -availability of Government School upto the level of Senior Secondary School Examination, he took admission in a private school for further education. As already stated, in Senior Secondary School Examination (XIIth standard) he secured 83.80% marks and also stood in merit, but laptop was not awarded to him.

(3.) IT is submitted that the purpose of introducing "Rajeev Gandhi Vidhyarthi Digital Yojna" and programme of distributing laptops thereunder is to increase E -knowledge among the students, therefore, the classification among the Government run and private schools is having no relevance in awarding of laptops. According to the petitioner all the students appearing in Secondary School Examination conducted by the Board of Secondary Education Rajasthan forms a single class, therefore, no discrimination is permissible on basis of the school from where the student has acquired education. According to learned amicus curiae, the classification made is having no nexus with the object of the programme and, as a matter of fact the classification is causing injury to the object sought to be achieved.