- (1.) NONE is present on behalf of petitioners, though name of Mr. Manoj Bohra, has been shown in the cause list.
(2.) BY way of instant writ petition, the petitioners have sought compliance of order dated 29.04.2013 (Annex.5) passed by the District Education Officer, Elementary Education, Sri Ganganagar, and prayed that the Government Upper Primary School No.12, Jawahar Nagar, Sri Ganganagar, may be merged into Government Upper Primary School, Naya Chak, Sri Ganganagar. Mr. Hemant Choudhary, learned counsel for the respondents submits that the present writ petition has become infructuous since pursuance to the order passed by the Division Bench of this Court in DBCWP (PIL) No.5826/2013 - Nagarmal Sharma & Anr. Vs. State of Rajasthan & Ors., decided on 02.09.2013, wherein this Court has held that merging of schools are contrary to the letter and spirit of the Right to Education Act, 2009, therefore, the present writ petition has become infructuous. The operation of the judgment dated 02.09.2013 is quoted herein below for ready reference: - "Admittedly, in the present case, the School is being shifted 2.5 kilometers away from its present location, which action is apparently contrary to the spirit of the Right of Children to Free and Compulsory Education Act ('the Act') and the reason indicated in the order Annexure -9 is contrary to the ground situation, which is alleged by the petitioners, supported by the certificate of the Head Master of the School and admitted by the respondents in their reply (para 4) that the Naya Chak School is 2.5 kilometers away from the place where the School No.12 is presently functioning. The School No.12 is admittedly catering to large number of students i.e. 127 (76 boys and 51 girls), which includes 66 boys and 37 girls belonging to Scheduled Caste and, apparently, there is no cogent reason forthcoming from the respondents for merging School No.12 with Naya Chak School. In view of the above, we are of the considered opinion that the order dated 09.11.2012 passed by the Dy. Secretary, Elementary Education, Government of Rajasthan (Annexure -9) in so far as the same relates to merger of Government Upper Primary School No.12, Jawahar Nagar, Sri Ganganagar with Upper Primary School, Naya Chak, Sri Ganganagar is apparently contrary to the reason indicated in the said order and the same being contrary to the letter and spirit of the right to the Act and the Rules cannot be sustained and to the extent indicated above, the same deserves to be quashed and set aside. Consequently, this writ petition is allowed. The order dated 09.11.2012 passed by the Dy. Secretary, Elementary Education, Government of Rajasthan (Annexure -9) in so far as the same relates to merger of Government Upper Primary School No.12, Jawahar Nagar, Sri Ganganagar with Upper Primary School, Naya Chak, Sri Ganganagar is quashed and set aside. No order as to costs."
(3.) NONE appears on behalf of petitioners to controvert these submissions.;