1 2025:HHC:8365 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.10466 of 2024 Decided on: 28.03.2025 School Management Committee Primary School Ropa Kot ...…..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 No For the Petitioner: Mr. Ankit Chandel and Mr. Piyush Dhanotia, Advocates. For the Respondents: Mr. Anup Rattan, Advocate Generqal with Mr. Yashwardhan Chauhan & Mr.I.N.Mehta, Sr. Additional Advocates General, Mr. Ramakant Sharma, Additional Advocate General and Mr. Raj Negi, Deputy Advocate General. Tarlok Singh Chauhan, Judge ( Oral ) The instant petition has been filed for grant of the following substantive reliefs:- “I. Issue a writ of mandamus or any other appropriate writ to quash Annexure P-1 i.e. the notification issued by the Govt. of Himachal Pradesh dated 17.08.2024 qua the merger of the GPS Ropa Kot into Karaha may kindly be quashed and set 1Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 2025:HHC:8365 ) aside as being contrary to the being violative of Articles 14,16 and 21 of the Constitution of India. II. That the respondents may kindly be directed to withdraw the notification qua the merger of GPS Ropa Kot in GPS Karaha and respondents may kindly be directed to continue the functioning of the school as prior to the notification dated 17.08.2024.” 2. As per the certificate (annexure P-5) regarding road distance, (issued by the Executive Engineer), it would be noticed that the distance between Govt. Primary School, Ropa to Govt. Primary School, Karah School by road is 2.915 kms. Even as per the respondents, even the shortest distance between the two schools is merely 2 kms. 3. We are dealing with a case which pertains to merger of a Government Primary School and the fact that the shortest distance is 2 kms. in itself is a circumstance to intervene. After all, this court cannot expect the children of young age studying in primary class to travel a distance of about 4 kms per day to and fro, given the fact that there are five students in the primary school and six students studying in pre-primary classes. 4. In the given facts and circumstances, the impugned notification dated 17.08.2024 (Annexure P-1) directing merger of the school, in question, is quashed and set-aside. However, this order shall be subject to the admission commencing from the new session and if need arises, an appropriate application for modification or recalling of this order be filed by the aggrieved party. 3 2025:HHC:8365 ) 5. The petition is disposed of in above terms. Pending application if any, also stands disposed of. (Tarlok Singh Chauhan) Judge (Sushil Kukreja) Judge 28th March, 2025. (yogesh)