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IN THE HON’BLE HIGH COURT OF JUDICATURE, JAIPUR
Writ Petition No: _______ of 2013
Mr. A,
aged about 23 years,
S/o Mr. B, R/o 117- Malviya Nagar, Jaipur PETITIONER
Versus
State of Rajasthan (through the Secretary of Education);
District Magistrate, District Jaipur; &
District Inspector of Schools, District Jaipur RESPONDENTS
To,
THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THIS
HON’BLE COURT
THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1) That the petitioner is a Amity University Rajasthan student of Law course and he is
resident of 117-Malviya Nagar, District Jaipur. The petitioner is a public spirited
person and has an interest in public good and social welfare.
2) That the respondents are the Government Officials empowered and responsible to
execute the government policies in the area of education and to make financial
arrangements for the infrastructure of basic schools where people of deprived class
can educate their children.
3) That under the Government policy and a re-promulgated Rajasthan Government
Scheme dated 12th June, 2013 basic education school have to be established for poor
children in every locality or district especially where poverty stricken people are large
in number and their children are deprived of basic education.
4) That the policy behind the said scheme is to educate poor children between the age
group of six to fourteen years without fee or other expenses incurred by their parents.
5) That all the expenses of their school education shall be borne by the Government
under the scheme and therefore, for the welfare of the down-trodden people and their
children, the administration is responsible to establish schools in localities as
aforesaid.
6) That under the above related Government Scheme; no school is established by the
respondents in Malviya Nagar locality, District Jaipur. Such a school for poor children
is absolutely necessary in the interest of public of that locality. Non-action of the
respondents over the Government Scheme for poor and needy children has violated
their right to education under the provisions of law.
7) That the petitioner has served a notice dated 10th July 2013 upon the respondents
regarding opening of school for poor children and for immediate implementation of
the above scheme in the interest of locality, but there was no response from the side of
the respondents who are under a legal duty to take steps for the establishment of such
a school.
GROUNDS
a) That the respondents are under solemn obligation to provide free and compulsory
education to all children of the age of six to fourteen years in such manner as the State
may, by law, determine. A right to education is conferred on all children of the above
description and poverty stricken children are entitled to such a specific right under the
Rajasthan State Welfare Scheme as aforesaid.
b) That the respondents are accountable for their non-performance of public duty under
the above said welfare policy of the Rajasthan State Government by keeping the
abstinence on the part of the respondents in spite of notice in this regard duly served
upon them.
c) That the demand of the petitioner for the establishment of a school for poor and needy
children in his locality is justified and the respondents are liable to execute the
government policy on free and compulsory education.
d) That there was no other adequate, sufficient or alternative relief available to the
petitioner except this petition.
PRAYER
The petitioner, therefore, most respectfully prays:
i. That by means of a writ in the nature of mandamus, the respondents or anyone of
them may kindly be directed to establish a school for education of poor children in
the locality of Malviya Nagar, district Jaipur;
ii. For the costs of this writ petition;
iii. For any order or direction as this Hon'ble Court deem just and proper under the facts
and circumstances of the matter.
Dated:
Signature of the Advocate
(Counsel for the petitioner)

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Petition for The Writ of Mandamus

  • 1. IN THE HON’BLE HIGH COURT OF JUDICATURE, JAIPUR Writ Petition No: _______ of 2013 Mr. A, aged about 23 years, S/o Mr. B, R/o 117- Malviya Nagar, Jaipur PETITIONER Versus State of Rajasthan (through the Secretary of Education); District Magistrate, District Jaipur; & District Inspector of Schools, District Jaipur RESPONDENTS
  • 2. To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THIS HON’BLE COURT THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVE NAMED MOST RESPECTFULLY SHOWETH: 1) That the petitioner is a Amity University Rajasthan student of Law course and he is resident of 117-Malviya Nagar, District Jaipur. The petitioner is a public spirited person and has an interest in public good and social welfare. 2) That the respondents are the Government Officials empowered and responsible to execute the government policies in the area of education and to make financial arrangements for the infrastructure of basic schools where people of deprived class can educate their children. 3) That under the Government policy and a re-promulgated Rajasthan Government Scheme dated 12th June, 2013 basic education school have to be established for poor children in every locality or district especially where poverty stricken people are large in number and their children are deprived of basic education. 4) That the policy behind the said scheme is to educate poor children between the age group of six to fourteen years without fee or other expenses incurred by their parents.
  • 3. 5) That all the expenses of their school education shall be borne by the Government under the scheme and therefore, for the welfare of the down-trodden people and their children, the administration is responsible to establish schools in localities as aforesaid. 6) That under the above related Government Scheme; no school is established by the respondents in Malviya Nagar locality, District Jaipur. Such a school for poor children is absolutely necessary in the interest of public of that locality. Non-action of the respondents over the Government Scheme for poor and needy children has violated their right to education under the provisions of law. 7) That the petitioner has served a notice dated 10th July 2013 upon the respondents regarding opening of school for poor children and for immediate implementation of the above scheme in the interest of locality, but there was no response from the side of the respondents who are under a legal duty to take steps for the establishment of such a school. GROUNDS a) That the respondents are under solemn obligation to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. A right to education is conferred on all children of the above description and poverty stricken children are entitled to such a specific right under the Rajasthan State Welfare Scheme as aforesaid.
  • 4. b) That the respondents are accountable for their non-performance of public duty under the above said welfare policy of the Rajasthan State Government by keeping the abstinence on the part of the respondents in spite of notice in this regard duly served upon them. c) That the demand of the petitioner for the establishment of a school for poor and needy children in his locality is justified and the respondents are liable to execute the government policy on free and compulsory education. d) That there was no other adequate, sufficient or alternative relief available to the petitioner except this petition. PRAYER The petitioner, therefore, most respectfully prays: i. That by means of a writ in the nature of mandamus, the respondents or anyone of them may kindly be directed to establish a school for education of poor children in the locality of Malviya Nagar, district Jaipur; ii. For the costs of this writ petition; iii. For any order or direction as this Hon'ble Court deem just and proper under the facts and circumstances of the matter. Dated: Signature of the Advocate (Counsel for the petitioner)