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| Dismissing petition, HC allows education deptt to shift to its own building | | | EARLY TIEMS REPORT
JAMMU, Sept 11: Dismissing a petition, high court judge, Justice J P Singh has allowed education department to shift its primary school to its new building at Chamoti.
The school was earlier being run on a piece of one kanal of land donated by Bashir Ahmad. Initially an EVS/EGS centre was started at the Bashir's land, but it was later converted into a primary school.
The education department wanted to shift the school to a centrally located place in the area and for that purpose, it constructed a building on another donated piece of land at Chamoti.
Opposed to its shifting to Chamoti, Bashir moved high court with the plea that it would cause inconvenience to Gujjars, who were socially, economically and educationally backward.
In his petition, he claimed that apart from the land, he had also donated building to the department to run the school in his village.
The department said it was true that Bashir had donated them land, but he had not donated them building as had been claimed by him. He had also started demanding rent against the donated property, it added.
The department said it had raised its own building on another donated piece of land at Chamoti and the petitioner had no right to seek any direction against them not to shift to their own building. The new school building was at a centrally located place and no inconvenience would be caused to anyone if the school was shifted there, it added.
After hearing the advocates of both sides, Justice Singh observed that as the petitioner had not sought the enforcement of any of his fundamental, legal or statutory right, he was disentitled to invoke the extra-ordinary writ jurisdiction of the court to seek a 'restraint direction' against the respondents, which, even otherwise, might be impermissible.
The respondents could not be commanded to refrain from using their own building stated to have been constructed at a centrally located place to cater to the requirements of the people of the area, and compelled to use the property donated by the petitioner, he added. With these observations, Justice Singh ordered the dismissal of the petition.
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