Nisha Bai Meena And Ors vs State Of Rajasthan

Heard counsel for the petitioners and perused the petition.

The State Government provides for a scholarship scheme for the students of SC/ST and SBC categories from classVI to Class-XII. Students eligible, subsequent to an entrance examination are allotted schools with hostels (Boarding and Lodging) and instructed in classes-VI through XII free of all costs.

For the academic session 2019-2020, the State Government issued an advertisement on 21.5.2019 for admission to Class-VI. Schools were allotted to the eligible students including the petitioners for academic year 2019-20 following the requisite entrance examination.

It appears that several of the students and their parents were dissatisfied with the allotment of schools under the scheme in issue for scholarships. Representations were made for change of the schools allotted. Vide order dated 16.7.2019, Director, Secondary Education issued a Circular stating that applications received for transfer from a school allotted for free education from Class VI through class XII to another perceived to be more convenient to the students and their parents had been considered and disposed of with reference to an objective criteria. It was stated that the academic session 2019-20 having now commenced, the parents of the students admitted to various schools / hostels should not file further applications for transfer of their children from school allotted to another and instead facilitate focus of their children on the academic aspects at the schools allotted.

Mr. Tanveer Ahamad, appearing for the petitioners submitted that despite the order dated 16.7.2019, where it was stated that all applications for transfer from one school to another of choice had been considered and disposed of thereafter vide orders dated 22.7.2019 and 23.7.2019, various students have been transferred from the allotted school to another of their choice. It has been submitted that yet the petitioners' applications were discriminatingly not similarly considered and the petitioners have therefore been deprived of transfer from the school allotted to a school of their choice nearer to their residence.

Heard. Considered.

A petition under Article 226 of the Constitution of India is maintainable in situations of contravention of legal or fundamental right of the petitioners or failure of the State authorities to discharge their statutory obligation to a citizen despite a demand for justice. Neither of the aforesaid situations obtains in the present case. The petitioners have no right of transfer to a school of their own choice on a vacuously stated a case of discrimination, as Mr. Tanveer Ahamad has sought to do, without detailing underlying factual aspects to make out such a case. And quite obviously the statutory authority in issue has no obligation in law to adjust all students allotted schools with boarding and lodging free of cost under the relevant scheme of scholarship, in schools of their choice nearer to their residence.

For the Courts Article 14 of the Constitution of India is not a charter to foray into all kinds of issues in respect of which law confer no rights.

There is no force in the petition. It is accordingly dismissed.