// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3050/2002 Smt. Videsh Kanwar Wd/o late Shahid Kanwar Pal Singh ...Petitioner Versus The Hon'ble Minister, State of Rajasthan, Education Department, Government Secretariat, Jaipur & Others ...Respondents Date of Order ::: 02.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Babu Lal Sharma, Advocate, for Shri G.C. Chatterjee, Counsel for petitioner Shri Dharamveer Tholia and Shri M.C. Gupta, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties. Petitioner Smt. Videsh Kanwar Widow of late Shahid Kanwar Pal Singh, has preferred this writ petition, wherein it is contended that late Shahid Kanwar Pal Singh, who was Rifleman No.2888539X in Indian Army, martyred on 26th June, 1999 in Indo-Pak war took place in the year 1999 at Kargil. The village Panchayat Bangothari Kalan, Panchayat Samiti Surajgarh, District, Jhunjhunu, passed a resolution that name of Government Senior Secondary School, Bangothari, may be named as Shahid Kanwar Pal Singh Government Senior Secondary School Bangothari. The State Government gave its approval vide order dated 27th October, 1999. The name of the said School was changed and it // 2 // is running in the name and style - Shahid Kanwar Pal Singh Government Senior Secondary School, Bangothari Kalan, Tehsil Chirawa, District Jhunjhunu. Subsequently, the District Collector, Jhunjhunu as well as the State Government, vide its order dated 1st February, 2000 (Annexure-12), stayed its earlier order till further order and it was directed that name of the said school may not be named in the name of anyone. The petitioner has therefore prayed that the order passed by the State Government staying its earlier order be quashed and the respondents may be directed to allow the said school to run in the name and style - Shahid Kanwar Pal Singh Government Senior Secondary School. This Court, vide order dated 22.05.2002 issued notice to the respondents to show-cause, returnable on 10.07.2002 and also directed that till then the operation of the order dated 01.02.2000 (Annexure-12) shall remain stayed. The respondents No.3, 4 and 6 filed their reply to the writ petition, wherein a preliminary objection has been taken that the present writ petition has been filed in the year 2002 whereas a civil suit in the same subject matter is pending in the Court of Civil Judge (Junior Division), Chirawa since 2000, titled as Hanuman Singh and Others Vs. The Principal, Government Senior Secondary School, Bangothari-Kalan. The present petitioner is defendant No.3 in that suit. The controversy involved in the present writ petition is already subjudice in the said suit, therefore, the present writ petition is not maintainable and the same is liable to be dismissed. // 3 // During the pendency of this writ petition, one application under Order 1 Rule 10 of the CPC read with Article 226 of the Constitution of India has been filed on behalf of Smt. Mewa Devi W/o late Shahid Captain Jagdev Singh Punia and Ummed Singh Punia S/o late Shahid Captain Jagdev Singh Punia, for their impleadment as party to the writ petition contending therein that late Shahid Captain Jagdev Singh Punia was initially appointed in the Indian Army on the post of Lieutenant. In the year 1971, during the Indo-Pak war, late Shahid Captain Jagdev Singh Punia was working as Captain and posted on the battle front at Dhaka Sector Akhora. On 4th December, 1971, late Shahid Captain Jagdev Singh laid down his life while fighting bravely and valiantly for defending his motherland. After the death of late Shahid Captain Jagdev Singh, the people of Bangothari agreed that to keep the memory of late Captain alive, the Government Senior Secondary School Bangothari should be named in his name and his statue was installed in the premise of the said school in the year 1976, which was inaugurated by the then Hon'ble Chief Minister. Therefore, it was contended that they are necessary party to the present writ petition and they should be impleaded as respondents. The application was listed before this Court on 8th April, 2003, and it was directed that this application will be considered at the time of admission of the writ petition. Heard the arguments on the writ petition as well as application, both, and, after considering the same, I find that, looking to the facts and circumstances of the case, both the applicants are necessary party to the // 4 // present writ petition, therefore, the application under Order 1 Rule 10 of the CPC is allowed and Smt. Mewa Devi and Ummed Singh are impleaded in the writ petition as respondents No.7 and 8. The learned counsel for the newly impleaded respondents No.7 and 8 does not want any time for filing reply to the writ petition and submits that final arguments may be heard and the writ petition may be disposed of. The above facts reveal that there is dispute in between two families of two martyrs – one late Shahid Captain Jagdev Singh and another late Shahid Rifleman Kanwar Pal Singh, who lost their lives in Indo-Pak war for the Nation in the years 1971 and 1999 respectively. There is no dispute that the statue of late Shahid Captain Jagdev Singh was installed in the said school in the year 1976 and till then the same is there. The State Government also gave its approval for the said school to be named as Shahid Kanwar Pal Singh Government Senior Secondary School Bangothari in the year 1999 vide order dated 24.08.1999/27.10.1999 (Annexure-A/6). The Government itself stayed its order dated 27.10.99 vide order dated 01.02.2000 (Annexure-12). This court stayed the operation of the order dated 01.02.2000 vide order dated 22.05.2002, therefore, at present school is running in the name of Kanwar Pal Singh. The villagers i.e. Hanuman Singh, Balbir Singh, Hosiar Singh, Ram Narain and Antar Singh, have preferred a suit for declaration and permanent injunction in the Court of Civil Judge (Junior Division), Chirawa, with a prayer that the suit be decreed with a declaration that the Government Senior Secondary School Bangothari be known as Shahid // 5 // Captain Jagdev Singh Government Senior Secondary School Bangothari- Khurd, Chirawa. The said suit is still pending wherein petitioner Videsh Kanwar is defendant No.3. Looking to the controversy involved in the present matter, in my view the State Government is the only competent authority to decide it. The court should normally refrain itself from entertaining such disputes unless there is some breach of statutory rules or action of State is found to be arbitrary or mala-fide. So far as present case is concerned, I do not find any arbitrary or mala-fide action on the part of State Government in passing the impugned orders. The learned counsel for the parties agree that the matter may be referred to the State Government with a direction to decide the dispute as to in whose name the Government Senior Secondary School Bangothari- Khurd should run, within a period of four months. They further agree that till the Government decides the matter, the status-quo, which was in existence on the date of passing of ex-parte stay order dated 22nd May, 2002, may continue to exist and if the said School is running in the name of Shahid Kanwar Pal Singh, then the same may continue to run till the matter is finally decided by the State Government. Consequently, the writ petition is disposed of with a direction to the Chief Secretary, Government of Rajasthan, Jaipur, to decide the dispute, as mentioned above, within a period of four months from the date of receipt of representations of the parties accompanied with this order and till then all the parties shall maintain the status-quo. Both the parties will be at liberty to file their respective // 6 // representations along-with the copy of this order within a period of three week from today. There will be no order as to costs. (Narendra Kumar Jain) J. //Jaiman//