Court No. - 9
Case :- WRIT - C No. - 27843 of 2021 Petitioner :- Ram Narayan Respondent :- State Of U.P And 3 Others Counsel for Petitioner :- Rakesh Kumar Maurya,Sharda Prasad Mishra Counsel for Respondent :- C.S.C.,Ram Prakash Shukla
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rakesh Kumar Maurya and Mr. Sharda Prasad Mishra, learned counsel for the petitioner, Mr. Ram Prakash Shukla, learned counsel for respondent nos. 3 and 4, Mr. Siddhartha Singh, learned Standing Counsel for the State- respondent.
This writ petition has been filed by the petitioner for a direction upon the respondent-authorities to merge the Primary School, Dattipur, Block-Bhadohi and Kanya Purva Madhyamik Vidyalaya, Bhulaeepur.
Today, on the matter being taken, the learned counsel for the respondents have raised preliminary objection to the maintainability of the present writ petition. They submit that the relief as prayed in the present writ petition at the behest of the petitioner cannot be granted by this Court while exercising its power under Article 226 of the Constitution of India, as he has no locus to file the same. The remedy available to the petitioner is to file a Public Interest Litigation.
Learned counsel for the petitioner submits that the two colleges, namely, Primary School, Dattipur, Block-Bhadohi and Kanya Purva Madhyamik Vidyalaya, Bhulaeepur are running in a same campus of the same village, wherein the children of the petitioner are studying. Since they are minor, therefore the petitioner has filed the present writ petition. Learned counsel for the petitioner further submits that the government order dated 28th November, 2018 permits the merger of two institution into one institution for which the petitioner has made an application before the authority concerned on 10th July, 2021 and thereafter on 31st August, 2021 but same have gone unheard. He prays for early disposal of the same.
Learned counsel for the respondents have no objection to the same.
Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make a fresh representation, ventilating all his grievances, supported by the copy of the Government Order dated 28th November, 2018 other relevant documents, before respondent no.3, within two weeks from today, along with a certified copy of this order. On such representation being made, respondent no.3 shall consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, preferably within one month thereafter.
(Manju Rani Chauhan, J.) Order Date :- 28.10.2021 Sushil/-
Digitally signed by MANJU RANI CHAUHAN Date: 2021.10.29 09:17:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad