A Civil Writ Petition under Article 226

of the Constitution of India with a

prayer to: -

Issue a writ in the nature of

Mandamus and direct the

Respondent no. 1- to take appropriate

action against the Respondent no. 5

which is running an illegal primary

school and take necessary steps for

the closure of the said school.

AND/OR

To pass any other order that this

Hon’ble Court may deem fit in the

interest of the facts and

circumstances of the cases.

RESPECTFULLY SHOWETH: -

1. That the Petitioner is a public-spirited person who is

primarily aggrieved of the cynical and arbitrary attitude

of the Respondents who are turning a blind eye towards

an illegal school being run by the Respondent Trust.

2. That the Petitioner is a senior citizen and has filed no

other PIL so far. The Petitioner has no direct or indirect

personal interest in the present lis, and is filing the same

in pure public interest. The Petitioner was working with

 the Delhi Government and has now retired. His source of

income is the pension that he draws from the

government, and income from his agricultural land.

3. That, to assist the court in understanding the context

better, a brief history of the turmoil is elucidated below: -

i. The Respondent Society has been running Vaish

Arya Kanya Senior Secondary School at Mall

Godown Road, Near Anaj Mandi, Bhadurgah since

1948. Since its inception, the school has been run

in the said address.

ii. The said address of the school reflects on trailing

documents: -

a. The information provided by the school under

UDISE+ Scheme. A true copy of the same has

been attached herewith as Annexure P-1.

b. Information provided by the school under Right

to Information Act, 2005. A true copy of the same

has been attached herewith as Annexure P-2.

c. Information provided by Respondent no.1. A true

copy of the same has been attached herewith as

Annexure P-3.

iii. In 2015, due to mysterious circumstances, the

school shifted its building of its primary wing to

Railway Road, Opposite PNB, Bahadurgarh.

iv. Being skeptical of the same, the Petitioner filed a

representation before the District Elementary

 Education Officer, Jhajhar (Annexure P-4),

Director, Elementary Education Officer, Panchkula

(Annexure P-5) and Director, Board of School

Education, Bhiwani (Annexure P-6).

v. Qua this representation, an inquiry was conducted

by the Respondent no.2. In the said enquiry it was

unequivocally stated that the school is committing

gross illegalities and is violating the Haryana

Educational Policy, 2003 comprehensively. A true

copy of the same has been attached herewith as

Annexure P-7.

vi. Further, following provisions of Section 30 of the

Haryana Educational Policy, 2003 are violated: -

a. The building does not have any hygienic

certificate.

b. The building does not have any fire safety

certificate.

c. The building does posses portable water facility

as certified by the CMO.

vii. Notwithstanding the findings of Respondent no. 2,

no action has been taken by the Respondent

Society.

4. That, inter alia, trailing are the grounds of the instant

Petition: -
i. Violation of Article 14

Right to Equality The official respondents' failure

to take appropriate action against the illegal

primary school being run by the respondent trust

demonstrates a discriminatory and arbitrary

attitude. They have turned a blind eye towards

the illegalities while enforcing laws against other

similar violations, thereby violating the

petitioner's right to equality under Article 14 of

the Constitution.

ii. Neglect of Duty

The official respondents, who have a statutory

obligation to ensure the enforcement of

educational policies and regulations, have

neglected their duty by not taking necessary

steps to address the gross illegalities committed

by the respondent trust. This neglect of duty is a

violation of Article 14 and infringes upon the

petitioner's right to a fair and just administration.

iii. Failure to Uphold the Rule of Law

The official respondents' inaction, despite the

findings of the inquiry conducted by Respondent

no. 2, exhibits a failure to uphold the rule of law.

The violations of the Haryana Educational Policy,

2003, such as the absence of hygienic and fire

safety certificates, go unchecked, which

 undermines the principles of justice, fairness,

and equal treatment.

iv. Endangering Public Welfare

By allowing the illegal school to continue

operating without fulfilling necessary safety

requirements, the official respondents are putting

the welfare and safety of the students at risk.

This failure to take action poses a threat to the

public interest and demonstrates a disregard for

the well-being of the community.

v. Erosion of Public Confidence

The official respondents' lack of action in

addressing the illegalities committed by the

respondent trust erodes public confidence in the

effectiveness and credibility of government

institutions. This erosion of public confidence

undermines the principles of good governance

and fair administration, further emphasizing the

violation of Article 14.

5. That, inter alia, trailing questions of law are involved in

the instant Petition: -

i. Whether the inaction of the official respondents in

taking appropriate action against the respondent

trust, despite clear evidence of illegalities and

violations, amounts to a violation of the petitioner's

 right to equality as guaranteed under Article 14 of

the Constitution of India?

ii. Whether the failure of the official respondents to

fulfill their statutory obligations and address the

violations of the Haryana Educational Policy, 2003,

by the respondent trust constitutes a neglect of

duty and a violation of the petitioner's right to a fair

and just administration?

iii. Whether the official respondents' disregard for the

rule of law by allowing the illegal primary school to

continue operating without fulfilling necessary

safety requirements infringes upon the rights and

safety of the students, thereby necessitating

intervention by the Hon'ble Court?

iv. Whether the official respondents' inaction in taking

prompt action against the respondent trust, despite

knowledge of the illegalities, poses a threat to public

welfare, and if so, whether such inaction is

justifiable under the principles of good governance

and the protection of public interest?

v. Whether the erosion of public confidence in

government institutions due to the official

respondents' failure to address the illegalities

committed by the respondent trust undermines the

principles of effective governance and fair

 administration, warranting intervention by the

Hon'ble Court?

vi. Whether the petitioner, as a public-spirited person

with no personal interest in the matter, has locus

standi to file the present PIL under Article 226 of

the Constitution of India, and whether the

petitioner's pure public interest motive strengthens

the case for judicial intervention in the present

circumstances?

6. That the Petitioner has no other expeditious and effective

remedy in appeal or revision except to approach this

Hon’ble Court by way of filing this instant Petition.

7. That the Petitioner has not filed any other similar petition

before this Hon’ble Court or before the Apex Court

praying for the same relief.

PRAYER

That, in the light of the factual position elucidated above, it is

prayed before this Hon’ble Court to: -

1. Issue a writ in the nature of Mandamus and direct the

Respondent no. 1- to take appropriate action against the

Respondent no. 5 which is running an illegal primary

school and take necessary steps for the closure of the

said school.
 2. To pass any other order that this Hon’ble Court may

deem fit in the interest of the facts and circumstances of

the cases.

It is further prayed that the Petitioner may be exempted from

filing typed/certified copies of the Annexures, and may be

allowed to place on record true photocopies instead.