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Judgment
In these writ petitions, the petitioners have prayed
for following relief(s):
"It is therefore most respectfully and humbly prayed that:
A. Apart of Rule 27 of the Scheme of 2015-16 to the extent of granting laptop only to the students of studying in government school may kindly be struck down and declare as ultra vires under the Constitution of India and
B. By any order or writ directed to supply laptop to the humble petitioner, and
C. Any other order or direction which this Hon''ble Court deems fit, proper and necessary in the facts and circumstances of the case may kindly be passed in favour of the humble petitioner; and
D. The cost of the writ petition may kindly be awarded in favour of the humble petitioner."
It is submitted by the learned Addl. Advocate
General that similarly controversy as raised in the instant
writ petition by the petitioners, has already been decided
by this Court in D.B. Civil Writ (PIL) No.10696/2013- Shri
Shamsuddin Vs. State of Rajasthan & Ors., decided on
03.07.2013, whereby the issue raised before the Division
Bench for providing laptop to the students of private
schools was set at rest. The operative and relevant
portion of the judgment dated 03.07.2013 reads as infra:
" We have cautiously considered the materials on record as well as the arguments advanced.
The impugned notification, to start with, not only conveys a policy decision as contained therein, it prima facie does not overlap and efface the declarations in the letter dated 3.12.2012 of the Chief Accounts Officer, Secondary Education, Bikaner addressed to all District Education Officers, Secondary Education communicating the government decision of distributing laptops under the Rajiv Gandhi Vidhyarthi Digital Yojana to the first rank holders of Class VIII and other merit rank holders of Classes X & XII, as referred to therein. The impugned notification dated 30.4.2013 relates to the meritorious students of Class VIII of the government schools under th e secondary education holding ranks 2 to 11, for whom under the same scheme for the year 2013-2014, a decision has been taken to distribute Tablet(s)/PC(s). This notification discloses that to enable the purchase, every such student would be awarded Rs.6,000/- through account payee cheque. While at the first instance, the decision to limit this benefit to the students of the government schools, is also a matter in the domain of policy of the executive, the challenge thereof on the ground that it is only a political gimmick, is ex facie inferential. The imputation that this initiative of distributing Rs.6,000/- per student is only a camouflage to further the election prospects of the government in power, also does not weigh with us in absence of any overwhelming material to demonstrate th e
same. The relief prayed for in clause (a) is self contradictory, and according to us, strikes at the tenability of its assailment on the ground of want of bonafide and genuineness of the parties.
In any view of the matter, as the schemes referred to in the petition are to encourage and support the meritorious students of the State in recognition of their commendable performance in studies, it would always be open for the Government to consider as to whether the benefit accorded by the impugned notification dated 30.4.2013 ought to be extended to similarly placed students of other schools of the State.
Be that as it may, having regard to the framework of the petition and the contents thereof, we are not persuaded to intervene by treating the same to be a public interest litigation. It is thus closed."
After perusing the judgment dated 03.07.2013
passed by aforesaid writ petition, we are not inclined to
interfere in these writ petitions as the controversy raised
in these writ petitions, has already been decided.
Resultantly, the writ petitions are hereby dismissed.