Mani Rana … v. The State of Jharkhand & Others
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 1037 of 2012 Mani Rana ……Petitioner Versus The State of Jharkhand & Others ........ Respondents ------- CORAM: HON’BLE MR. JUSTICE D.N. PATEL
Legal Reasoning
HON’BLE MR. JUSTICE P.P. BHATT For the Petitioner : None For the State : Mr. Rajesh Shankar, G.A. --------- 06/Dated: 25th November, 2013 Oral order: Per D.N. Patel, J.: 1. The present Public Interest Litigation has been preferred for the following prayers:- “That in the instant writ application the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction/directions for commanding upon the respondents to direct the respondents for running/opening of the Upgraded Middle School, Bejukura, Deoghar in new Pucca building which has already been constructed over the gifted land appertaining plot No. 333 at Bejukura, Sarawan Devghar for which School building was constructed in the year 2004 by sanctioned under the State Government of Jharkhand but the said School building is not being used for purpose of eduction to the poor children, it has become useless. And said Upgraded Middle School is running in the Sarawan far distance from the said School by making with asbestos temporary house and no sufficient space to sitting for the poor children and it is very dangerous School for the children and it is not also situated in the middle place of the village, whereby and where under the education of the poor children of the said village are not getting benefits which was constructed over the gifted land. AND For issuance of a further writ/writs, order/orders, Directions/directions for commanding upon the concerned respondents authorities to for bear giving effects to or acting pursuant to or in furtherance the said matter. AND/OR Be further pleased to issuance of any other appropriate writ/writs, Order/orders, direction/directions, as your lordships may be deem fit and proper in the facts and circumstances of this case for interest of justice and also for doing conscionable justice to the petitioner”. 2. When the matter is called out, nobody appears on behalf of the petitioner, nor this matter is mentioned by anyone on behalf of the petitioner. 3. We have heard counsel for the respondent-State, who has mainly submitted that this petition is not a Public Interest Litigation at all and because of rivalry with some other group who is residing in the same village the present petition has been preferred. 4. It is further submitted by the counsel for the State that there are three schools in village Baijukura, district Deoghar namely, (a) New Primary School, Fursatari Tola, 2. (b) New Primary School, Rana Tola and (c) Upgrade Middle School, Baijukura. Out of these three schools, the grievances ventilated by the petitioner is the upgradation of school no. 2 New Primary School, Rana Tola. This upgradation is being done by the recommendation of District Elementary Education Committee constituted under the scheme floated by the Central Government namely “Sarva Shiksha Abhiyan”. The aforesaid Committee is multi members committee including the Deputy Commissioner of the district and public representative etc. This Committee has to give a report letter to various parameters for upgradation of a school i.e. from Primary School to the Middle School. Out of these three schools upon recommendation of District Elementary Education Committee school no. 1 namely, New Primary School, Fursatari Tola of village Baijukura, district Deoghar has been upgraded as middle school. This subjective satisfaction arrived at the District Elementary Education Committee on objective facts. The decision has been taken upon the recommendation of the Committee. This is a decision of the Committee and if it is in violation of any law the same could have been challenged by this petitioner. Petitioner is insisting school no. 2 namely New Primary School, Rana Tola to be upgraded by the order of this Court. It is further submitted by the counsel for the State that the decision taken by the State is based upon the recommendation of the Committee and therefore, it may not be altered by this Hon'ble Court unless there is procedural defect pointed out by the petitioner. Moreover, this type of litigation may not be treated as a Public Interest Litigation at all because this petition has been preferred mainly because of internal rivalry between the parties residing in different localities of the very same village. A detailed counter affidavit has been filed to this effect and therefore, the petition may not be entertained by this Court. 5. Having heard counsel for the State and looking to the counter affidavit filed by the State and also looking to the memo of this petition, we see no reason to entertain this writ petition mainly for the following facts and reasons: (i) Looking to the prayer made in the memo of the petition and the averments made in the petition and looking to the counter affidavit filed by the respondent-State, it appears that this is not a Public Interest Litigation at all. Because of some private disputes and rivalry between members of different tolas of the same village, this petition has been preferred. (ii) It appears that in a village Baijukura, district Deoghar, there are 3. three schools as stated hereinabove out of which school no. 1 has been upgradated from primary school to middle school on the basis of the report given by the District Elementary Education Committee. This Committee has been constituted in pursuance of the scheme floated by the Central Government namely, “Sarva Shiksha Abhiyan”. The said Committee is a multi member Committee which includes the Deputy Commissioner of the district and public representative and also other members. They have recommended New Primary School, Fursatari Tola of village Baijukura, District Deoghar to be upgraded. The recommendation of the Committee is a substantive satisfaction of the said Committee based upon objective facts. This Court is not sitting in an appeal against the substantive decision arrived at by the Committee. This Court will be slow in interfering such type of substantive satisfaction unless procedural defect is submitted by the petitioner to this Court. In fact, there is no procedural defect pointed out by the petitioner. (iii) Moreover, looking to the counter affidavit, filed by the State, it appears that this petition has been preferred mainly because of private rivalry and disputes between the members of different tolas of the same village. There is no rejoinder affidavit filed by the petitioner controverting the facts stated in the counter affidavit. 6. In view of the aforesaid facts and reasons, we see no reason to entertain this writ petition as Public Interest Litigation. We therefore, dismiss this petition with a cost of Rs. 25,000/-. This cost will be deposited by the petitioner within a period of six weeks from today before the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi. 7. A copy of this order will be supplied to the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi by the Registry of this Court. (D.N. Patel, J.) VK/ (P.P. Bhatt, J.)