1 S.B.CIVIL WRIT PETITION NO.4879/2006 (Ramswaroop alias Pappu Vs. Smt.Maina & ors.) Date of Order :: 5th August 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI None present for the petitioner Mr.B.L.Tiwari, Government Counsel .... This writ petition, filed way back on 31.08.2006, was adjourned at the request of learned counsel for the petitioner on 04.09.2006 and on 03.08.2007; and thereafter, was adjourned on 06.11.2007, 05.03.2008, and 24.03.2008 for nobody appearing for the petitioner. On 09.04.2008, again nobody appeared for the petitioner but then, this Court considered it proper to issue notice for final disposal and a copy of the petition was ordered to be supplied to the Government Counsel. However, process fees and notices having not been filed, the matter was again placed before the Court on 25.04.2008 and this Court found that for long nobody was appearing for the petitioner and noted the subject matter of the petition; and, while appointing Amicus Curaie, this Court directed the Station House Officer, Shastri Nagar, Jodhpur ('SHO') to submit a report in regard to subject matter of this writ petition with the following order:- 2 ''Since learned counsel for the petitioner Mr.N.K.Bohra is not appearing in this case for long Mr.Siddharth Joshi is requested to assist the Court as amicus curiae in the present matter. Let a copy of the writ petition and annexures be supplied to him free of cost by the office within a period of 3 days. Since this matter pertains to education of a young child of 5 years of age who is allegedly not being provided any education by the respondent No.1, wife of the present petitioner and it is the fundamental right of any child to be given primary education, the present writ petition has been filed in this Court. In the facts and circumstances of the case, the S.H.O. Shastri Nagar, Jodhpur is directed to visit the present petitioner as well as respondent No.1 and obtain a report about the education of child in question Master Vinay Kumar as to whether education of the said child is continued or not and under what circumstances, the respondent No.1 has stopped his education. A report in this regard of S.H.O., Shastri Nagar, Jodhpur may be submitted within a period of two weeks. Let a copy of this order be also supplied to the learned counsel Mr. Siddharth Joshi as well as the same may be sent by registered post to S.H.O., Shastri Nagar, Jodhpur. Put up after two weeks on 14th May, 2008.” The said SHO submitted before the Court on 24.07.2008 that he had conducted the requisite enquiry and assured to file his report latest by the next date. However, such report has been filed by the SHO concerned only on 04.08.2008 while stating his unconditional apology for having not placed the report within time. 3 Having regard to the circumstances of the case, while accepting the apology stated by the SHO concerned, the matter has been examined on merits. The petitioner Ram Swaroop has filed this writ petition with the submissions that he was married to respondent No.1 on 18.09.2000 and the child Vinay Kumar was born out of their wedlock. According to the petitioner, the respondent No.1 wife left him on 09.07.2006 and went to her parental house and despite all efforts at reconciliation, has not returned to the matrimonial house. The petitioner has stated the cause for filing this writ petition in the manner that he had requested the respondent No.1 to continue with the education of the child Vinay Kumar but she has refused to do so; and the child was prevented from attending the school resulting in violation of the fundamental rights of the child. The petitioner has also submitted that it was the duty of the State Government and the Dy. Director (Education) to keep vigil over the education and status of the child; and to take necessary steps if anybody has discontinued on studies. The petitioner has prayed for relief in this writ petition that the respondents be directed to arrange for regular studies of his son Vinay Kumar. The report that has been submitted by the SHO in compliance of the orders of this Court shows that the Secretary, Shri Shiv Shakti Bal Vidhyalaya Sansthan, 23, 4 Baldev Nagar, Mansuria, Jodhpur has certified on 23.07.2008 that the said child was studying in LKG first; and that as per the information available, custody of the child has been taken over by the petitioner on 13.10.2006. In view of the report so made by the SHO supported by the relevant documents, this Court is satisfied that the cause as stated in the writ petition does not survive; and that seems to be the basic reason that the petitioner has chosen not to prosecute this writ petition any further. Leaving aside all other questions including the very right to relief as claimed in and by way of this writ petition in relation to the cause as stated, in view of the report as submitted on record by the SHO, there appears no reason to continue with this writ petition any further. The writ petition is, therefore, dismissed. (DINESH MAHESHWARI),J. MK