Jagjeet Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM No.3208-CWP of 2021 in/and Civil Writ Petition No. 19687 of 2020(O&M) Date of Decision: April 01 , 2021.

Jagjeet Singh ...... PETITIONER (s)

Versus

State of Haryana and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. P.S.Sekhon, Advocate for the petitioner.

Mr. N.S.Shekhawat, Sr.Addl.AG, Haryana.

Mr. Avinash Kumar, Advocate for Mr. Kuldeep Tiwari, Advocate for respondent No.7.

Mr. Partap Singh, Advocate for respondent No.11.

Mr. Karan Nanda, Advocate for respondent No.12.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. CM No.3208-CWP of 2021 Affidavit of respondent No.12 alongwith Annexures R1 and R2 are

CWP No.19687 of 2020(O&M) [2] taken on record subject to just exceptions. Exemption from filing certified copies of Annexures R1 and R2 is granted.

Application is disposed of.

CWP No.19687 of 2020(O&M) Prayer in this writ petition is for quashing of No Objection Certificate dated 30.09.2020 (Annexure P3) issued by respondent No.3 for construction of the statute of Dr. Bhim Rao Ambedkar in the corner of the premises of the Government Senior Secondary School, Cheeka. Basic contention raised by the petitioner in this case was that the supervision and control of a library etc. which were sought to be constructed in the school premises could not be with any private management and that no private entity could be allowed to install a statute within the premises of the school.

Replies were filed on behalf of the official respondents as well as the private respondents. It is mentioned in the written statement of respondents No.1 to 6 and 8 to 10 that statute of Dr. Bhim Rao Ambedkar already stood established in the corner of the premises of the school. Moreover, a library is also sought to be constructed for the betterment and welfare of the students. Mr. Shekhawat reiterates that the statute had been erected at the spot prior to passing of order dated 19.11.2020 in this writ petition. On specific orders being passed in this writ petition, affidavit dated 17.01.2021 of Ms. Inderjeet Kaur, Principal, Government Senior Secondary School, Cheeka and affidavit dated 25.03.2021 of Mr. Anil Sharma, District Education Officer, Kaithal (respondent No.8) have been filed. It is specifically mentioned therein that the premises in question would remain under the control

CWP No.19687 of 2020(O&M) [3] and supervision of the school management and that there would be no interference by any private individual or entity. It is specified that no independent access will be permitted to the library/hall and the same shall be used exclusively by the students and staff of the school. There would be no interference by any private individual or entity over the management thereof. It is further specified that there would be one entry to the library which is towards the school and no separate entry to the place would be provided. Photographs of the spot are attached as Annexures R1 to R4 with affidavit dated 25.03.2021 of the District Education Officer, Kaithal.

Learned counsel for the petitioner, in this view of the matter, submits that the petitioner does not have any objection to the construction of the library and hall to be used by students and staff of the school only. Such a statement on behalf of the petitioner has been recorded in order dated 26.02.2021 and the same is reiterated by learned counsel for the petitioner. In view of the above, no further orders are called for in this writ petition and same is accordingly disposed of. ( LISA GILL ) April 01 , 2021.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No