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2025 DAILYLAW 22024 (HP)

SHOOL MANAGEMENT COMMITTEE v. THE STATE OF HP AND OTHERS

CWP/10548/2024 · 2025-05-01

Sushil Kukreja, Tarlok Singh Chauhan

body2025

Judgment text

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( 2025:HHC:11929 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.10548 of 2024 Decided on: 1st May, 2025 School Management Committee GCPS Tiari .......Petitioner versus State of H.P and others ...Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr.Navlesh Verma, Addl. A.G and Ms.Sharmila Patial, Addl. A.G. Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive reliefs:- “i) Issue a writ of certiorari to quash the notification dated 17-08-2024 i.e. Annexure P-3 be quashed as set-aside qua Government Central Primary School Tiuari, Sr. No.40, Education Block Garola, District Chamba, H.P. (ii) Issue a writ of mandamus directing the respondents to make the Government Central Primary School Tiari, Education Block Garola, District Chamba, H.P. functional/operational w.e.f. the academic year 2024-25 and to start the classes with the student who have been enrolled.” 2. Learned Additional Advocate General has placed on record statement of enrollment for the year 2025, which goes to indicate that there are now ten students studying in 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:11929 ) 2 Government Primary School, Tiari. Since the number of students is more than 5, therefore, the school cannot be closed down or merged in terms of Notification dated 17.08.2024. 3. Consequently, the instant petition is allowed and the Notification dated 17.08.2024 (Annexure P-3) so far it relates to merger of Government Central Primary School, Tiari with upper Tiari, is quashed and set aside. The respondents are directed to make the Government Central Primary School, Tiari fully functional/operational qua the current year 2024-2025. 4. Pending applications, if any, also stand disposed of. ( Tarlok Singh Chauhan ) Judge May 01, 2025 ( Sushil Kukreja ) (naveen) Judge