Sanawar Ali vs State Of Jharkhand And Ors

This writ petition is against the communication dated 04.12.2018 issued by the District Superintendent of Education, Ramgarh which has been issued in terms of a direction issued by the Departmental Secretary, School Education and Literacy Department, Government of Jharkhand to declare Sunday as the weekly holiday in all the Government schools and in case of its non-compliance, the administrative action would be taken against the said schools.

The grievance of the petitioner is that the said school is dominated by the Urdu teachers and therefore Friday is the ideal day for declaring weekly holiday but only on account of complaint made by some people before the complaint cell of the Chief Minister of the State, the departmental secretary has taken decision to close all the schools in the State of Jharkhand declaring Sunday as the weekly holiday.

It is the further case of the petitioner that there is no justification in declaring the Sunday as the weekly holiday so far as it relates to the schools where most of the teachers are Urdu teachers.

Mr. A. Allam, learned senior counsel for the petitioner has submitted by referring to the supplementary affidavit showing therein that due to non-compliance of the aforesaid order, certain Urdu teachers have been transferred in mass to other schools.

Mr. Sumir Prasad, learned counsel appearing for the State respondent submits that no prejudice is caused to the teachers and since the schools where the petitioner is working as Urdu teacher are within the control of the State Government.

The petitioner is the guardian and member of managing committee and as such he is having no locus to file this writ petition.

It has been argued that the said school for which a general direction has been sought for from this Court to declare Sunday as the weekly holiday is not to be granted for the reason that the said school is also under the administrative control of the State of Jharkhand and the school situated within the territory of the State of Jharkhand will have to follow the Government instructions/rules/regulations. He submits that if Sunday has been made as weekly holiday, no prejudice is going to be caused.

He further submits that it is by way of a policy decision of the State Government and therefore, this Court may not interfere with the policy decision.

Having learned the learned counsel for the parties and on appreciation of their rival submission it is evident from the material available on record that one public interest litigation being W.P. (PIL) No.6519 of 2017 said to have been filed for declaring Sunday as the weekly holiday but the same writ petition has been withdrawn vide order dated 30.04.2018.

It is evident from Annexure-1 dated 31.10.2018 that the Government has issued a direction upon the schools to declare Sunday as weekly holiday and to follow the same strictly, in pursuance thereto, Deputy Commissioner, Ramgarh has issued direction to all the schools to declare Sunday as the weekly holiday. In turn thereof, communication has been made by the Deputy Superintendent of Education dated 04.12.2018 as contained in letter No.1424 (Annexure-4) whereby and whereunder the Principal In-charge, Secondary School Sosokalan, Gola Block has been communicated to follow by declaring Sunday as the weekly holiday. The said decision of the Deputy Superintendent of Education is challenged in this writ petition.

This Court, after going across the pleadings made by the writ petitioners, has found that the petitioner happens to be guardian and member of the managing committee. It is not in dispute that the said school is within the control of the State Government and therefore, any instructions/rules/regulations issued by the State Government is binding upon the said schools.

The State Government after considering the fact that all the schools are following Sunday as the weekly holiday but when it has been found by the authority that the said school is not observing by declaring Sunday as the weekly holiday rather in place of Sunday, Friday has been declared to be weekly holiday, has issued a direction to all the schools to follow by declaring Sunday as the weekly holiday, in turn thereof, the impugned letter has been issued on 04.12.2018.

This Court has found no unjustification in issuing the said communication, it is for the reason that when the schools falling within the territory of State of Jharkhand being controlled by the State is following Sunday as the weekly holiday, the other schools if not following such decision of the State Government and have been made to follow the same by the decision of the Director of the Department, it cannot be said to be an unjustified decision for the reason that there cannot be two weekly holiday depending upon the caste, creed and religion.

It is settled that policy decision is least to be interfered with by the High Court by resorting to its Judicial review unless it is arbitrary or malicious, but no such ground has been raised by the petitioner.

Before parting with the order, it needs to deal that certain Urdu teachers have been transferred in mass to other schools, has been brought on record by way of supplementary affidavit and Office order dated 04.12.2018 the same has been issued having no nexus with the prayer made in the writ petition as as such the Court is passing no order in that regard.

In view thereof and for the reasons stated above, this Court finds no merits in the writ petition, hence, the writ petition fails and as such stands dismissed.