PIL 43/2009 BEFORE THE HON’BLLE MR. JUSTICE RANJAN GOGOI THE HON’BLE MR. JUSTICE HRISHIKESH ROY Ranjan Gogoi,J. Heard Mr. A. D. Choudhury, learned counsel for the petitioners and Mr. P. K. Gos wami, learned Senior Counsel appearing for the respondents. 30 guardians of students of Maharshi Vidya Mandir Sr. Secondary School, Silpukhu ri, Guwahati studying in Classes-I to IV have instituted the present PIL seeking interference of the Court with the action taken by the School authorities in sh ifting a section of the students studying in Classes-I to IV from the main build ing of the school to another adjoining building. The grounds on which this PIL h as been filed, as disclosed by the pleadings, appear to be that the building to which the sections of Classes-I to IV have been shifted are located by the side of a very narrow lane which have the potential of causing hazards to the student s studying in the part of the school located in the said building. That apart, t he action of the school authorities have been sought to be questioned on the gro und that the same discloses arbitrary and unreasonable actions on the part of th e school authorities. Sri P. K. Goswami, learned senior counsel appearing on behalf of the school auth orities, has submitted that in the present academic year approval/sanction for s tarting Classes-XI and XII has been granted by the Central Board of Secondary Ed ucation, as a result the school is required to have additional space in the main building along with extra space for laboratory and other classes. That apart, a s per the CBSE norms higher classes are required to be located in the main build ing. Consequently, there is dearth of space in the main building. Accordingly, t he school authorities have identified another building which is located opposite to the main building to which some of the junior classes can be shifted. Therea fter, the school authorities have identified students who do come to the school in the school buses and accordingly about 350 students of Classes -I to IV have been shifted to the new location. Sri Goswami has further submitted that present ly there are three options before the school authorities. Firstly, to have a mor ning shift for the 350 students in the main building; secondly to identify a plo t of land and construct a school building; and thirdly, to have a suitable prem ise on rent. It has also been pointed out that the school is closing down for th e summer recess on 29th of June and is reopening on 1st of August and that durin g the vacation time the alternative option open to the school authorities will b e explored to which process all the parents and guardians of the students includ ing the present petitioners are welcome. Sri Goswami has further pointed out tha t in the course of the deliberations that will take place the parents and guardi ans of the students including the petitioners may offer their suggestions in thi s regard which suggestions will be taken into account by the school authorities. The above facts make abundantly clear that the present matter is not appropriate for adjudication by the Court. The reasons which had prompted shifting of a par t of the school to the new location have already been noted. The shifting of the school to the new location has been prompted by the needs of the school. In suc h circumstances, the process of judicial scrutiny will not be appropriate. We, t herefore, decline to entertain this PIL and instead deem it appropriate to leave the petitioners to the remedy of discussion and conciliation with the school au thorities. PIL shall stand accordingly closed.