Sandeep Kumar Barte And Others vs State Of H.P

Jyotsna Rewal Dua, J

The petitioners are parents of children, who are pursuing their academic courses in respondent No.5-Himalayan International School, Chharabra, District Shimla. With the grievance that the school was not being run properly by the concerned authorities, the petitioners filed the instant petition on 23.11.2020, praying for the following substantive relief:-

“i) That a writ in the nature of mandamus may kindly be issued to the official respondents to take up the efficacious remedial measures for the resuscitation of the respondent school.”

The immediate relief prayed for by the petitioners was in respect of the final examinations to be conducted in January, 2021 for the students studying in Class 10 and 10+2 of the said school. The school is governed by Council for the Indian School Certificate Examination (CISE) Board. The school is a privately managed educational institution. On being put to notice, respondent-State informed that the Government of Himachal Pradesh had issued a notification on 28.12.2020, adding a new Condition No.18 in Form-I Part-II (under Rule-3) of H.P. Private Educational Institutions

(Regulation) Rules-2003. This notification reads as under:-

“In exercise of the powers conferred by Section 27 of the Himachal Pradesh Private Educational Institutions (Regulation) Act, 1997, the Governor, Himachal Pradesh is pleased to insert a new condition No.18 after existing column No.17 in Form-I Part-II (under Rule-3) of the HP Private Educational Institutions (Regulation) Rules-2003 as follows:-

“18. The disputes between parents, teachers and management shall normally be resolved in the meetings of the Parents Teachers Association of the Educational Institution. In case the dispute still remains un-resolved then the aggrieved party may refer the matter to a grievance redressal committee under the chairmanship of the Deputy Commissioner of District with Deputy Director Higher Education and Deputy Director Elementary Education as members. The Deputy Director Higher Education of the District would be the member secretary of the committee. The decision of the grievance redressal committee would be finally binding on the parties concerned.

On 27.01.2021, a memo of instructions on behalf of the State, issued to the learned Advocate General, was placed on record. This memo recorded that Government of Himachal Pradesh vide notification dated 28.12.2020 had constituted a grievance redressal committee under the chairmanship of Deputy Commissioner. It was also stated therein that a Committee had been constituted under the chairmanship of Smt. Anju Sharma (OSD) with committee members as per Himachal Pradesh Private Educational Institutions (Regulations) Act, 1997 by the Director of Higher Education. This Committee had visited the Himalayan International School, Chharabra to resolve the issues pertaining to declaration of the result of the students. The deliberations of the Committee as recorded in the memo of instructions dated 27.01.2021 read as under:-

“It is also submitted that a Committee has been constituted under the chairmanship of Smt. Anju Sharma (OSD) with committee members as per Himachal Pradesh Private Educational Institutions (Regulations) Act, 1997 by the competent authority under the Act i.e. Director of Higher Education. This committee also visited the Himalayan International school, Chharabra twice to resolve the issues pertaining to declaration of results of the students. As per information received from concerned Principal, it has been stated that result cards of 94 students from class Nursery to 8th class have been prepared and out of which 42 results cards distributed to their parents. Remaining 52 result cards are yet to be distributed. The committee has further vide letter dated 20-01-2021 directed to the Principal/In Charge of the school:-

(i) to distribute the remaining report cards to the students as early as possible.

(ii) To secure the future of board students i.e. 10th and 12th, affiliation fee is to be deposited to ICSC Board immediately.

(iii) A notice regarding report card or further functioning of the school is to be pasted on notice Board of the school regularly.

(iv) The Principal/Incharge of the school was also directed to take up the matter with the Deputy Commissioner/District Magistrate, Shimla in case of any grievances between the staff, teacher and Parents of the ward and the school management. The photocopies letter dated 20-01-2021 and fact finding report alongwith report submitted by Principal of the school is submitted for information.”

On 28.01.2021, an order was passed in this petition appointing the Deputy Commissioner, Shimla District as an Arbitrator for the purpose of issuance of certificates to the students concerned. The expenditure incurred in this behalf was to be claimed from the school. On 12.02.2021, the respondent- State apprised that the certificates had been sent to all the concerned students.

Learned counsel for the petitioners submits that all the concerned students had appeared in Class 10 and 10+2 examinations. Their results have also been declared. However, they are now facing further difficulty in getting migration, character certificates etc. Learned counsel prayed for issuing directions for issuance of certificates required by the students. Since the Committee stands already constituted by the State, therefore, it will be appropriate to direct the Committee to look into and resolve the remaining grievances of the petitioners in respect of issuing migration, character certificates etc., as the same may be required by them for pursuing further studies. Ordered accordingly. The petitioners/concerned students are permitted to approach the Committee with their grievances within a period of one week from today, whereafter the Committee will take appropriate decision for redressing the grievances of the petitioners/concerned students in a positive and effective manner in accordance with law within three weeks thereafter.

Learned counsel for respondent No.6 has also highlighted certain grievances. It will be open for respondent No.6 to represent her grievances to the Committee within one week from today. The Committee will pass appropriate orders thereupon within three weeks thereafter.

It is worth noticing that earlier also CWP No.737 of 2011 was instituted by the parents of the students of the school in question with the complaint that the school was not running properly. This writ petition was disposed of on 21.09.2015, taking note of the statements made by learned counsel for the parties, in the following manner:-

“4. Keeping in view the statement made by the learned Counsel for the respondent read with the statement made by the learned Counsel for the petitioner, we deem it proper to dispose of this writ petition by directing the respondents not to cause any interference with the smooth running of the said school and ensure proper compliance of the Act. The appellate authority is directed to dispose of the appeal(s), if any, as early as possible, preferably within eight weeks from today.”

Learned Senior Counsel for the applicant/proposed respondent in CMP No.5438 of 2021 brought to notice the fact that the land over which the school is standing alongwith structure thereupon, has been ordered to be vested in the State of Himachal Pradesh vide order dated 19.08.2015, passed by the District Collector, Shimla District. In such circumstances, the applicant/proposed respondent, i.e. The Himalayan Integrated Society, has expressed its willingness in the application to resuscitate the school. Without going into the merits of the averments made in the application, but taking note of the past highlighted history regarding running of the school, various orders passed in different petitions by this Court from time to time with respect to the school coupled with the fact that the land alongwith the structure over which the school is standing, has statedly been ordered to be vested in the Government of Himachal Pradesh and in the interest of the students, it will be appropriate to permit the applicant/proposed respondent in CMP No.5438 of 2021 to file a comprehensive representation for resuscitation of the school to respondent No.2 within a period of one week. Ordered accordingly. Respondent No.2 will decide the representation in accordance with law after considering all relevant factors including the interest of the students within a period of three weeks thereafter.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

For compliance, list on 24.09.2021.