THE SCHOOL MANAGEMENT COMMITTEE GOVT MIDDLE SCHOOL SANDYAR vs THE STATE OF HP AND OTHERS

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.14564 of 2026
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Decided on 07 September 2026
School Management Committee
…Petitioner
Vs.
State of Himachal Pradesh and others
…Respondents
Coram
High Court of H.P.
Hon’ble Mr. Justice Ajay Mohan Goel, Judge
Hon’ble Mr. Justice Yogesh Jaswal, Judge
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Whether approved for reporting?
For the petitioner : Mr. K.B. Khajuria, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional
Advocate General.

Ajay Mohan Goel, Judge (Oral )


By way of this writ petition, the petitioner has, inter alia ,
prayed for the following reliefs:-
i) “That the impugned Notification dated 10.06.2026
(Annexure P-5), insofar as it do-notifies and merges
Government Middle School, Sandyar, Education Block
Ghumarwin-I, District Bilaspur, Himachal Pradesh, with
Government Senior Secondary School, Chhat; may kindly
be quashed and set aside.
ii) That the respondent department may kindly be directed to
continue the functioning of Government Middle School,
Sandyar as an independent Government Middle School
and not to implement the impugned Notification dated
10.06.2026 against the petitioner school;
iii) That the respondents may kindly be directed to maintain
the sanctioned teaching staff, infrastructure and all
educational facilities of Government Middle School,
Sandyar in accordance with law.”


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2. Learned Additional Advocate General has placed on
High Court of H.P.
record instructions dated 29.08.2026, which reads as under:-
"I have the honour to submit that the instance CWP
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was listed before the Hon’ble High Court on dated 27
August 2026 and Court passed following order:-

“Learned Additional Advocate General has placed on
record instructions dated 25.08.2026 received from Director,
School Education, Himachal Pradesh, along with notification
dated 24.07.2025 notifying the Right of Children to Free and
Compulsory Education, Himachal Pradesh Rules, 2025. As
jointly, prayed, list for consideration on 31.08.2026."

In this regard, It is submitted that GMS Sandyar, in
District Bilaspur, H.P., has been merged with nearest
Government Senior Secondary School Chhat in District
Bilaspur situated within the distance of 1.5 KM by Road or
500 meters on foot, "with a view to ensuring effective and
optimum utilization of available resources and infrastructure
in schools situated within a short distance, as well as to
improving the quality of education by facilitating a better
peer-group learning environment."

It is pertinent to mention here that As per Govt.
Notification dated 24th July 2025, Himachal Pradesh RTE
Rules, 2025 Part-III (4) "an upper primary school which is
located within a walking distance of 3 Kms from a
neighborhood and which has not less than 25 children in
class 5th of the feeding primary schools, taken together,
availability and willing for enrolment in that school." Copy of
said notification dated 24th July,2025 is enclosed herewith.

Furthermore, as per the guidelines/directions issued
by the Government on 17th August 2024 and 11th
September 2025, the existing students, teaching and non-
teaching staff, office records, and infrastructure have been
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shifted. At the time of the merger, a total of 12 students (6
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to 8 ) were enrolled at GMS Sandyar. To ensure continuity
of education, all students have been successfully
accommodated, 11 students have taken admission in GSSS
Chhat, District Bilaspur, while the remaining 1 student has
taken admission in GHS Androli, District Bilaspur. The staff
of the erstwhile GMS Sandyar, consisting of 2 teaching and
1 non-teaching, has also been adjusted. Copy of said order
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17th August 2024 and 11 September 2025 are enclosed
herewith.

Besides this, it is submitted that only GMS Sandyar
(Classes 6th to 8th) has been merged with GSSS Chhat,
District Bilaspur, whereas GPS Sandyar (Nursery to 5th),
District Bilaspur (H.P.), continues to function as usual and
wherein 15 students are presently studying. Copy of
Enrolment of GPS Sandyar is enclosed herewith.

It is, therefore, requested to apprise the Hon'ble Court
accordingly and the present CWP may kindly be disposed of
in the interest of justice.”

3. The Court was otherwise also today informed that the
High Court of H.P.
School to which the students stand shifted and that too of the Middle
School, is at a distance of 1.5 KM by road and just 500 meters on
foot, which fact could not be disputed by learned counsel for the
petitioner.
4. In light of this fact, we are of the considered view that
the decision of the Government to shift the students from
Government Middle School Sandyar to a nearby School cannot be
per se termed to be arbitrary, as now the resources of the Education
Department, that is to say, its teaching staff as also its non-teaching
staff can be better utilized in other Schools where there is
appropriate student strength, rather than wasting the resources in a
School which hardly has any students.


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5. We may observe at this stage itself that we might have
High Court of H.P.
had interfered with the order, had the distance of the School, to
which the students have been shifted, been such that it was not
possible for the students to have had easy access to the said
School, but, in light of the fact that no such grievance has been
raised by the students presently, we close these proceedings by
observing that we do not find any arbitrariness in the impugned
decision.
6. Pending miscellaneous applications, if any, also stand
disposed of.
(Ajay Mohan Goel)
Judge



(Yogesh Jaswal)
Judge
September 07, 2026
(Vinod)
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