Judgment:
1 Writ Petition No.11777/2009 07.12.2012 Shri N.K.Mishra, Advocate, for the petitioner.
Shri Sanjay Dwivedi, Govt.
Advocate for respondents no.1 to 4.
With the consent of learned counsel for the parties, the matter is heard finally.
In this petition the petitioner has challenged the validity of the order dated 20.8.2009 passed by district Project Coordinator, District Education Center, Rewa, by which the decision to close down the Education Guarantee Schools situate at village Sarratola Sounari, Janpad Panchayat Tyonthar, District Rewa, has been taken.
Learned counsel for the petitioner submitted that the aforesaid school was set up initially under the non-formal education programme and after commencement of the education guarantee scheme, the schools are being run under the education guarantee scheme.
It is further submitted that the decision to close down the schools has been taken under the political influence.
It is also contended that if the school is closed down, the studies of the students would be adversely affected and the students would have to require to go to schools situate far away.
On the other hand, learned Govt.
Advocate submitted that in the inspection it was found that the school in question do not fulfill the norms prescribed in the scheme and, therefore, the decision to close down the schools was taken and the impugned order does not call for any interference by this Court in exercise of power under Article 226 of the Constitution of India.
We have considered the submissions made by learned 2 counsel for the parties.
As per the Education Guarantee Scheme, education guarantee centre should not be situate within the radius of one kilometre from another School.
As per the norms prescribed under the Education Guarantee Scheme, in every centre there must be minimum forty students.
In the return, it has been averred that on an enquiry conducted on 20.9.2010, very few students were found in the education guarantee centre and the same is situate within the radius of one kilometre from EGS, Nodhiya.
Thus, it is apparent that the aforesaid education centre was set up in contravention of the provisions of the Scheme.
Besides that the petitioner has no legally enforceable right to seek a direction to the respondents to allow running of the education guarantee centres which are being run contrary to the scheme under which they are set up.
At this stage, learned counsel for the petitioner submitted that on account of interim order dated 6.1.2010 passed by this Court, the students have taken admission in the aforesaid education centre and are prosecuting their studies and if at this stage the aforesaid education centre is closed, the studies of the children would adversely be effected.
Taking into account the aforesaid submission made by learned counsel for the petitioner, it is directed that till the end of the current academic session, i.e.30.4.2013, the aforesaid education guarantee centre situate at village Sarratola Sounari, Janpad Panchayat Tyonthar, District Rewa shall not be closed down.
Thereafter, it would be open to the respondents to close down the aforesaid education 3 guarantee centre.
With the aforesaid directions, the writ petition is disposed of.
Certified copy as per rules.
(S.A.Bobde) (Alok Aradhe) Chief Justice Judge HS