Decided on November 26,2013

State of Uttarakhand and others Respondents


Barin Ghosh, C.J. - (1.) No response has been filed nor any counter affidavit has been filed. Therefore, it must be deemed that the respondents are not denying the assertions made in the writ petition.
(2.) In the writ petition, up gradation of a school has been challenged. The basic ground for challenge is that up gradation has been effected ignoring the guidelines issued by the Government for up gradation. It has been stated that the population of the area is less than the population of an area mentioned in the guidelines. It has been mentioned that the strength of Classes 6 to 8 students is less than the guidelines. It has also been stated that, having regard to the number of students attending Classes 6 to 8, there is hardly any scope of Class 9 students reaching the estimated strength mentioned in the guidelines. It has, however, not been stated that there is a high school/inter college within 10 kms. It must be kept in mind that the guidelines issued for up gradation are not hard and fast rules. The guidelines expressed a desire of the Government for students not to walk more than 10 kms. to attend high school/inter college. In the event, because a student belongs to a community where the population is less, he should be made to walk more than 10 kms. to attend high school/inter college; cannot be said to be the basic feature of the guidelines.
(3.) In those circumstances, we think that exception can be carved out and, accordingly, despite no counter affidavit having been filed, because of absence of pleadings to the effect that there is a high school/inter college within 10 kms., we are unable to interfere with the order of up gradation. Because another school has all the characteristics within the ambit of the guidelines and, accordingly, up gradation was granted to that school, may be, correctly; we cannot hold that the up gradation of the subject school was not justified.;

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