High CourtsSingle Bench(1998) 02 RAJ CK 0008

Sharma Bal Mandir vs The State of Rajasthan and Others

Rajasthan High Court · Decided on 24 February 1998 · Citation: (1999) WLC 86 : (1998) 1 WLN 189

HON’BLE JUDGES
P.P. Naolekar, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 2382 of 1988

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Judgment

5 paragraphs · 227 words

P.P. Naolekar, J.—The petitioner has challenged the order issued by District Education Officer dated 12.7.1988 whereby the directions have been given that in the girls school in the class VIth to VIIIth the boys students shall not be permitted to study.

2.

The petitioner has filed an order dated 25.6.1988 issued by the Special Officer Education which indicates that in another girls school the permission has been granted to boys to study in classes VIth to VIIIth. Thus, the co-education is being permitted in other school whereas the petitioner was restrained from carrying on the co-education in classes VIth to VIIIth in the school.

3.

This Court by order dated 22.7.1988 has granted the stay of the operation of the order dated 12.7.1988 annexure 7 which was confirmed on 16.3.1992. In the result thereof co-education is continuing in school in classes VIth to VIIIth. No reply has been filed justifying the action of the State Govt. restraining co-education in classes VIth to VIIIth or why different treatment given to school of the petitioner.

4.

In absence of any justiciable reason for treating the petitioner differently and restraining the petitioner from giving co-education in class VI to VIIIth the action is contrary to law. In the facts and circumstances of the case, the order dated 12.7.1988 is quashed.

5.

With the aforesaid observations, the writ petitioner stands allowed.