 filed by one Arvind Sharma filed against the decision of the railway authorities to close down the railway senior secondary school at Abu Road.){kind=link}
The Rajasthan High Court has recently observed that unless the decision is shown to be malafide or opposed to legal principles, the Court would not substitute its wisdom or desire for that of the authority.
The Jaipur Division Bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal dismissed a Public Interest Litigation (PIL) filed by one Arvind Sharma filed against the decision of the Railways to close down the Railway Senior Secondary School at Abu Road.
The case of the petitioner is that this is a tribal belt and the entire region has only two public schools, one government school and another railway school. The present school is operating since 1862. It would be tragic to shut the school which is catering to students coming from lower strata families and have been taking education at the said centre since more than a century. It was pointed out that as recently as five years back, sizable expenditure was made in repairing these facilities.
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On the other hand, the case of the railway authorities is that over a period of time number of students in this school has been dwindled. A chart has been produced along with an additional affidavit indicating total number of students in past 10 academic sessions to demonstrate this phenomena. According to the railway authorities, on account of heavy burden on exchequer due to poor student admissions, the authority had taken a decision to close down the school.
While considering the PIL, the Bench said that it is rather unfortunate that the school which has been in existence for over a century, may have to be closed down. It does disturb us that in an area where educational facilities have still not fully developed to the desired extent, one public school is under closure, it said.
“However such sentimental issues cannot govern our judicial discretion. The railway authority which has to run the school is in best position to decide its future. Unless the decision is shown to be malafide or opposed to any of the legal principles, the Court would not substitute its wisdom or desire for that of the authority,”
-the Bench observed.
With a heavy heartn the Court dismissed this petition.
Before closing it is provided by the High Court that the decision to close the school shall not be implemented till the end of the current academic term. Further, the school administration shall make all necessary efforts and arrangements to ensure that the students of 11th standard secure admissions in other schools in 12th standard if they pass out from the 11th standard, directed the Court.