JULE KHAN BAI Vs. STATE

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned legality of order dated 14.6.16 issued by the Joint Secretary, Elementary Education, Government of Rajasthan, whereby inter alia Government Primary School, Rikhiyani has been merged in Government Upper Primary School, Sagoroliya.

(2.) A perusal of the order impugned reveals that the decision to merge Government Primary School/Upper Primary School in other schools on account of insufficient enrollments of the students in the school as also non availability of a separate teacher for each class in such schools. It is pertinent to note that the merger of one school into another school for the aforesaid reason was sought to be made in the school situated in same revenue village.

(3.) Learned counsel appearing for the petitioners contended that vide order dated 21.1.13 (Annexure 3) issued by the District Collector (Land Record), Barmer, after division of the revenue village Sagoroliya, a new revenue village Rikhiyani has already been created and thus, the order impugned issued for merger of Government Primary School, Rikhiyani purportedly in the same revenue village is ex facie contrary to the policy decision. Learned counsel submitted that Government Upper Primary School, Sagoroliya is situated 8 kms. away from revenue village Rikhiyani and thus, the decision of the State Government in merging the Government Primary School, Rikhiyani in Government Upper Primary School, Sagoroliya and depriving the residents of village Rikhiyani from a school in a near vicinity is ex facie violative of the provisions of Section 3 of Right of Children to Free and Compulsory Education Act, 2009 ( for short "the RTE Act").