- (1.) BOTH writ petitions are being heard together and disposed of by this common order.
(2.) HEARD learned counsel for the parties. The petitioners, in the above writ petitions, have come before this Court being aggrieved by the up gradation of Middle School, Halmat, Silli, Ranchi and Middle School, Goradih, Silli, Ranchi into High School as they are apprehending that it will adversely affect already existing Rameshanand High School, Hakedag, Silli, Ranchi and Parvatiya Durgam High School, Goradih, Silli, Ranchi respectively, which are having approval in the year 1987 by the order issued by the Director Secondary Education -cum -Joint Secretary, Education Department, Government of Bihar, Patna, which are annexed as Annexure -1 to the both the writ petitions. Petitioners have enclosed the report of the District Education Officer, Ranchi, which is Annexure -4 and 5, dated 08.02.2007 and 03.01.2007 respectively in both writ petitions wherein it is submitted that the District Education Officer has categorically observed that the Government Middle Schools, which are being upgraded, are within 100 -150 yards of the High Schools concerned and it appears that there is no reason for such up -gradation of Middle Schools in question. Learned counsel for the petitioners has also relied on letter dated 24.01.2007 issued by the Director Secondary Education, Human Resources Development Department, Government of Jharkhand, Ranchi to all District Education Officers in respect of upgradation of 329 Middle Schools. Learned counsel for the petitioners submits that at Sub -clause -(1) to Clause -(2) of the said letter, it has been indicated that where approved High Schools are present from before then the Middle Schools in the vicinity shall not be upgraded.
(3.) LEARNED counsel for the petitioner filed rejoinder to the counter affidavit in the second writ petition being W.P.(C) No. 6305 of 2007 in which it has been stated against the contention of the respondents that there are not four Middle Schools, in fact there is only one Middle School.;