Arun Bhansali, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner, a parent challenging the action of the respondent -State in merging Government Upper Primary School, Kamla Nehru Nagar ('K.N. School'), Government Upper Primary School, Nayaon Ki Bagechi ('NKB School') and Government Primary School, Rajeev Hattha ('Rajeev Hattha School') with Government Higher Secondary School, Siwanchi Gate, Kamla Nehru Nagar, Jodhpur ('Adarsh School').
(2.) THE petitioner has, inter alia, averred in the petition that her three children are studying in NKB School, while her son is a Class -VIII student, her twin daughters are studying in Class -VI; the Government formulated a Scheme of establishment of Adarsh (Model) Schools and, for which, certain Schools have been merged into the said Adarsh Schools; in this regard an order dated 14.08.2014 was passed, wherein, the K.N. School, NKB School and Rajeev Hattha School have been directed to be merged with the Adarsh School; the School is located at Chopasani Housing Board; the parents of the students studying in the School represented against the merger essentially based on the fact that there were sufficient number of students, staff and other facilities available at to be merged Schools; certain other possible difficulties/problems were also pointed out; another representation pointing out the infrastructural difficulties in the new School/space constraint was also pointed out; it is claimed that on various objections being raised, an order dated 20.10.2014 was passed again shifting back the three merged Schools to their original place; it is also claimed that there are 350 students in NKB School, 150 students in K.N. School and 30 students in Rajeev Hattha School and merging of the 3 Schools with the Adarsh School would result in huge infrastructural problems for the small children; it is then claimed that pursuant to the order dated 28.10.2014, the Schools were shifted back to the old premises, however, the Principal, Siwanchi Gate School by letter dated 26.12.2014 required the handing over of the keys of the Schools back and order was passed by the District Education Officer handing over of the premises to the Government College, Jodhpur on a temporary basis; reliance has been placed on a clarification dated 19.09.2014 issued by the State Government indicating that if the number of students are more than 150 then the School should not be disturbed. Based on the above facts, it was submitted that there is no justification for the State Government to violate its own guidelines and merge the 3 Schools in the Adarsh School and, therefore, the action is bad in law; it is further submitted that after the order dated 20.10.2014 passed by the State, the Schools started running appropriately at the old sites and the possession of the Schools has been handed over to the College during winter vacations forcefully; on account of the merger many students may drop their studies and allegations have been made regarding inadequacy of the premises; ultimately, it is prayed that the orders passed by the respondent -State be quashed and set aside.
(3.) A reply to the writ petition has been filed by the respondents; it is, inter alia, contended that petitioner's son is not studying in any of the Schools as claimed; the merger of the schools is under a policy decision of the Government to bring qualitative reform in education and the petitioner has no locus standi to challenge the same; the access of petitioner to the various documents and correspondence has also been questioned; it is, inter alia, indicated that the Adarsh School is situated merely at a distance of about 200 meters from the 3 Schools, which are located in one premises; the receipts of representations have been denied; it is further indicated that in the 3 to be merged Schools, for the students of Classes I to VIII of KN School - 3 Teachers were available, for the students of Classes I to V of Rajeev Hattha School - 1 Teacher was available and for the students of Classes I to VIII of NKB School - 8 Teachers were available with 3 Class -IV employees; in each of the 3 Schools, 1 Teacher each was looking after the administrative work as Head Master/Principal; in one premises consisting of 26 rooms, 3 persons were looking after the administrative work; in the Adarsh School having classes from VI to XII standard, it is claimed that there are about 34 rooms and a vacant field of 550x150 ft.; 19 Teachers were available with a office for Head Master along with other administrative staff and, therefore, to bring qualitative reform, better management in available resources/facilities, the 3 Schools were merged in Adarsh School, resulting in a School having 25 Classes, 31 Teachers and an administrative office; the policy of merger is in public interest and for proper utilization of Government resources; further, it has been indicated that for better management of Classes, the School is now running in two shifts, while students of Classes IX to XII are studying in first shift and Classes I to VIII are studying in second shift; qua the order dated 20.10.2014, it is submitted that the order is not for demerger, but is merely enabling the de -merger in case of requirement; it was indicated that on account of the premises having become vacant on account of merger of the three Schools with the Adarsh School, the same has been made available to the Government College; the guidelines dated 19.09.2014 were general in nature; ultimately, it is prayed that the order of merger does not call for any interference and the petition deserves to be dismissed.;