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2025 DAILYLAW 25374 (HP)

SURESHTA DEVI KAUSHAL v. THE STATE OF HP AND OTHERS

CWP/15112/2025 · 2025-09-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 15112 of 2025 Decided on: 18.09.2025 _________________________________________________________________ Sureshta Devi Kaushal ....Petitioner Versus State of H.P. and Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ganesh Barowalia, Advocate. For the respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.1 to 4. ________________________________________________________________ Jyotsna Rewal Dua, Judge Learned counsel for the petitioner submits that he is under instructions to confine the prayer in this writ petition only to relief No.(I), of the prayer clause, which reads as under:- “(I) Issue a writ of Mandamus or any other appropriate writ, order or direction directing Respondents No. 1 to 4 to conduct a time-bound, impartial, and transparent inquiry into the complaints dated March 5, March 6, March 27, April 21, June 4, June 30, 2025, submitted by the Petitioner, and to initiate appropriate disciplinary 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - and administrative action against Respondents No. 5 to 7 in accordance with law, for acts of harassment, defamation, caste-based unconstitutional remarks, and violation of the Himachal Pradesh Education Code, 2012.” In view of above, this writ petition has been heard only qua relief No.(I) of the prayer clause as reliefs No.(II) to (VII) have been given up for the petitioner. 2. Notice is confined to respondents No.1 to 4, which is waived by Mr. Vishwadeep Sharma, learned Additional Advocate General. 3. Without venturing into the question of maintainability of the writ petition, but considering the grievances of the petitioner that her repeated representations have not been responded to by the respondents and also looking into the nature of such representations and the averments made in the petition, this writ petition is disposed of with direction to the respondents/ competent authority to take appropriate call in the matter in accordance with law to ensure that school in question functions smoothly and no obstruction is caused to the running of the school/ school administration as well as imparting teaching in the school. Respondents to ensure that under no circumstance, the - 3 - character and quality of school atmosphere gets adversely affected. Actions deem fit in accordance with law, if required, be taken promptly. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge September 18,2025 R.Atal