CHANDRASHEKHAR, J. - (1.) SEEKING quashing of letter dated 07.04.2011 whereby, Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been upgraded as Upgraded High School and seeking quashing of order dated 05.05.2012 whereby, the prayer of the petitioner seeking cancellation of upgradation of Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been rejected, the petitioner has approached this Court by filing the present writ petition.
(2.) THE petitionerschool is running since 26.12.1981 and it was granted permission for establishment vide letter dated 11.05.1990. On 07.04.2011, the petitioner came to know that a Middle School running in the same campus has been upgraded as High School and therefore, the petitioner represented before the Deputy Commissioner, Garhwa and other authorities objecting to the upgradation of the Middle School. When no action was taken, the petitioner approached this Court in W.P.(C) No.6387 of 2011, which was disposed of vide order dated 18.01.2012 granting liberty to the petitioner to file fresh representation before the SecretarycumCommissioner, Human Resources Development Department, Government of Jharkhand and said authority was directed to pass appropriate order in accordance with law. Thereafter, the Secretary passed order dated 05.05.2012 rejecting the claim of the petitioner.
(3.) A counteraffidavit has been filed stating that the Principal Secretary, Human Resources Development Department, Government of Jharkhand, after hearing the petitionerschool, has rejected the claim vide order dated 05.05.2012. The Rajkiya Madhyamik Vidyalaya, Banka Bhandar has been upgraded under the centrally sponsored scheme namely, Rastriya Madhyamik Siksha Abhiyaan. Under the said scheme, the State Government took a decision to provide Secondary School facility in the radius of 5 Km. Under the said policy, about 300 Middle Schools have been upgraded into Secondary Schools and about 3300 posts of Assistant Teachers have been sanctioned vide Resolution dated 23.03.2012. In fact, in the year, 2006, 329 Middle Schools were upgraded. After the Rastriya Madhyamik Siksha Abhiyaan was launched, the guidelines contained in letter dated 24.01.2007 lost its relevance. The plea of the petitioner for cancellation of upgradation of Middle School is against the scheme. The concerned Middle School has been upgraded under Rastriya Madhyamik Siksha Abhiyaan in order to serve the larger cause of students and to provide quality education to deprived section of the society in rural areas. Referring to letter dated 24.01.2007, the learned counsel for the petitioner submits that a direction was issued by the Director, Secondary Education not to upgrade any Middle School in places where any other school is functioning. In fact, a direction was issued for identification of Middle Schools within the radius of 810 Kms. and since the upgraded Rajkiya Madhyamik Vidyalaya, Banka Bhandar is running within the same campus, the upgradation of the said school would seriously affect the interest of the petitionerschool. The learned counsel for the respondentState of Jharkhand reiterated the stand taken in the counteraffidavit and submitted that the petitioner has no locus standi to challenge the upgradation of the Rajkiya Madhyamik Vidyalaya, Banka Bhandar.;