Antyodaya Adivasi Ucch Vidyalaya Deogana vs State of Jharkhand

Shree Chandrashekhar, J.—Seeking permission to modify the relief sought in the instant writ petition, Mr. Rajiv Ranjan, the learned Senior counsel appearing for the petitioner-school submits that the respondent-State can at least consider and take a decision whether the petitioner-school can be taken-over by the government or not.

Prayer is acceded. The writ petition now remains confined to the aforesaid relief.

Referring to an enquiry report dated 17.11.2005 vide Annexure-8 and the provisions under the Right of Children to Free and Compulsory Education Act, 2009, the learned Senior counsel contends that a direction needs to be issued to the respondent-State of Jharkhand to take a final decision in the matter.

Ms. Ruchi Rampuria, JC to Sr. SCI appearing for the respondent-State of Jharkhand raising objection to the aforesaid modified prayer submits that the petitioner-School has approached this Court after about three decades and it has failed to show a legal right vested in it for seeking mandamus upon the respondent-State to takeover the control and management of the petitioner-school. The learned counsel has referred to paragraph nos. 7 to 11 of the counter-affidavit filed on behalf of the respondent-State.

Be that as it may. The fact remains that the petitioner-school was granted permission to establish on 19.02.1985 and as pleaded in the writ petition it has been functioning since then. It appears that some grant was given to the petitioner-school and the Jharkhand Academic Council constituted the governing body for management of the school. Whether the petitioner-school should be taken-over by the respondent-State or not would be a decision exclusively within the domain of the executives and this Court is not inclined to venture into the matter. However, if the petitioner-school fulfils all requisite conditions under the presently existing Rules/Regulations, the respondent-State may take a decision in the matter, expeditiously.

Referring to letter dated 28.10.2015, a copy of which was tendered on 17.10.2016, it is stated that on the representation of Jharkhand State unaided Shiksha Sanyukt Sangharsh Morcha, a High Level Committee has been constituted and some of the issues of unaided schools are under active consideration of the Government. The learned Senior counsel for the petitioner states that the petitioner-school also may be permitted to submit its representation before the High Level Committee, which shall make a recommendation on taking over control and management of the petitioner-school by the State Government.

Acceding to the request of the learned Senior counsel, the writ petition stands disposed of with liberty to the petitioner-school to approach the High Level Committee constituted vide order contained in letter dated 28.10.2015, provided the aforesaid Committee is seized with identical issue of takeover of private schools. Upon recommendation of the High Level Committee, or even otherwise the State Government shall take a final decision in the instant matter. It is, however, made clear that this Court has not expressed any opinion on the merits of the claim projected by the petitioner-school.