MIDDLE SCHOOL CHITARI, DAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner on the writ application and also an interlocutory application bearing No. 3048 of 2011 wherein prayer has been made to initiate a contempt proceeding against the authority for disobeying the order dated 22.9.2011 passed in this writ application. The case of the petitioner as has been made out is that under a scheme of Rashtriya Madhyamik Siksha Abhiyan. Middle School situated at Panchayat was to be upgraded as High School on fulfilling certain criterias. Under that scheme, according to the case of the petitioner, petitioner's school known as Middle School, Chitri. Dadu was recommended by the committee for being upgraded as High School.

(2.) Further case of the petitioner is that recommendation got approval of the Cabinet of the State of Jharkhand but the District Education Officer, Lohardaga ignoring the decision of the Cabinet directed the Principal of the upgraded Middle School, Dadu to take admission in Class IX and X for the Sessions 2011- 12, though upgraded Middle School, Dadu had never been upgraded as High School. Under that situation, the petitioner raised an objection before the Regional Deputy Director of Education, South Chota Nagpur Division, Ranchi. On such objection, a Committee was constituted. Such committee, according to the case of the petitioner, after inspecting the school came to the conclusion that the petitioner's school has rightly been upgraded. In spite of that, when District Education Officer, Lohardaga did not provide forms to be submitted by the School to the Jharkhand Academic Council, Ranchi for registration of the students, the petitioner filed this writ application for a direction to the District Education Officer, Lohardaga to issue necessary forms to the school for needful and also for a direction to the authority not to interfere in the decision of the Cabinet taken for upgradation of the petitioner's school as High School. Having noticed the aforesaid fact this Court passed an interim order on 22.9.2011 whereby District Superintendent of Education, Lohardaga was directed to issue forms to the petitioner's school. But that order has never been complied with and hence, an interlocutory application has been filed for initiating contempt proceeding.

(3.) A counter affidavit has been filed on behalf of the respondent No. 7, who has been impleaded as party-respondent on its intervention. At the same time, a counter affidavit has also been filed on behalf of respondent No. 5, District Education Officer, Lohardaga wherein it has been stated that the petitioner by putting wrong fact before this Court got an order passed by this Court on 22.9.2011 whereby the District Education Officer. Lohardaga was directed to issue registration form to the petitioner's school, who claimed the name of the school as Middle School, Chitri, Dadu whereas the said school is being known as Middle School, Chitri and that under the scheme of Rashtriya Madhyamik Siksha Abhiyan, all the District Education Officers were directed to send the name of one Middle School for upgradation as High School on fulfilling following criterias.