NEW BRIGHTWAYS SCHOOL SAMITI Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) The petitioner, New Brightways School Samiti, is an educational society registered under the Rajasthan Societies Registration Act, 1958. In this petition under Article 226 of the Constitution the Society is seeking direction to the respondents to allot it 5,000 square metres of land adjacent to the land already allotted to it vide allotment letter dated 30-12-89. Facts need not be discussed in detail as the learned counsel for the petitioner agrees that the order dated 17-11-92 (Annexure 7) be given effect.

(2.) In short, petitioner's case is that the Society is running New Brightways School since 1978-79. Initially, there were 40 students in the school and it was recognised up to Primary standard by the State Government. Subsequently, the School was raised and recognised up to Middle standard with effect from July 1, 1996 and strength of the students also increased to the extent of 450. The Society claims to be working for the upliftment of the children coming from economically and socially backward class. The Society, for having its own School building, applied in the 1986 to the Rajasthan Housing, Board (R.H.B.) Jaipur for allotment of 6,000 sq. mts. of land and vide allotment order letter dated Dec. 30, 1989, it was allotted 1008 sq. mts. of land in Sector 9 of Mansarovar Scheme. According to the Society the space/land allotted to it does not satisfy its requirement as presently the school was running up to Secondary standard after getting recognition from the Secondary Board of Education, Ajmer. On a subsequent application made by the Society, the R.H.B. has again allotted 2100 sq. mts. of land vide allotment letter dated 17-11-1992 (Annexure 7). This land adjoins to the land which was allotted to the Society earlier in the year, 1989.

(3.) The grievance of the Society is that it ought to have been allotted the land measuring 6,000 sq. mts. as applied by it and by allotting land measuring 1008 and 2100 sq. mts. it has been discriminated as other institutions have been allotted 6,000 sq. mts. of land.