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Judgment
D.N. Patel, A.C.J
This writ petition has been preferred for the following reliefs :-
“a). For issuance of an appropriate writ(s)/, order(s)/, direction(s)/ in the nature of 'Mandamus' commanding upon the Respondents to take
appropriate steps for maintaining the education system in order to secure the future of the students studying in the DAV, Mugma as the said school is
running without affiliation of the CBSE and without requisite permission as required under Section 18 of the Right of Children to Free and Compulsory
Education Act, 2009 from the state authorities.
And/Or
b). For issuance of an appropriate writ(s)/, order(s)/, direction(s)/ directing the respondents to shift the students to an affiliated and duly approved
school as the present school is running without any affiliation as well as recognition under Section 18 of the Right of Children to Free and Compulsory
Education Act, 2009 from the state authorities.
And/Or
c). For issuance of an appropriate writ(s)/, order(s)/, direction(s)/ in the nature of 'Mandamus' directing the respondents to take appropriate action
against the respondent management of the school as the same is running in contravention to section 18 of the Right of Children to Free and
Compulsory Education Act, 2009.
And/Or
d). Pass any other order/ writ/ direction which deems fit and proper in the facts and circumstances of the case and in accordance with law.â€
Having heard counsels for both the sides, and looking to the facts and circumstances of the case, it appears that a particular school, which is
situated in the district of Dhanbad, as mentioned in the writ petition, has committed some violation as per the allegations levelled by this petitioner. It is
submitted by the counsel for the petitioner that the said school is giving a false narration or a false representation to the effect that the said school is
affiliated with the Central Board of Secondary Education, whereas the facts are otherwise.
For this purpose no public interest litigation can be filed. Action can be initiated by this petitioner against a particular respondent, if at all these facts
are correct. The remedies are available with this petitioner, because there are allegations in personam against respondent nos.08, 09 & 10. Thus, this
is not a public interest litigation at all. The allegations of misrepresentations/ false representation, against respondent nos.08, 09 & 10 required to be
established by this petitioner, for which cogent and convincing evidences are required to be laid. Hence, this writ petition is, hereby, disposed of
reserving liberty with the petitioner, if at all the petitioner is an aggrieved party, to initiate proceedings against the respondent nos.08, 09 & 10 in
accordance with law before the appropriate forum.
With the said observation, this public interest litigation is, hereby, disposed of.