IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 738 of 2009. Date of decision: 30.7.2009 Sanjeev Sharma & anr. …. Petitioner Versus State of H.P. & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ? No For the petitioners: Mr.B.C.Negi, Advocate. For the respondents: Sh.Rajesh Mandhotra, Dy.Advocate General for the respondents. _____________________________________________________ Deepak Gupta, J.(Oral) By means of this writ petition, the petitioners have prayed that the notification dated 2.3.2009 whereby the Middle School, Sharda (Kaina) has been directed to be upgraded as High School be quashed. The petitioner No.1 is a clerk in the petitioner No.2-Nehru High School, Kaina. Petitioner No.2-School is being run by a Society. According to the petitioners, this school is getting 95% grant in aid from the State Government and in view of the directions given by the State on 27.10.2008, no Government School is to be opened in the campus or near a 95% Government aided school. We are of the considered opinion that this notification is not applicable to the present case. It is apparent that this notification by a bare reading applies to opening of new schools and does not apply to upgradation of existing schools. When the Government grants 95% aid to a school then it may be argued that public money should not be wasted by opening another Government School in the vicinity but here this school is already existing and at best some funds are required for the upgradation. We also find that the persons belong to the depressed class of society especially the Scheduled Castes had been requesting the Government time and again that the Government School be upgraded since they are not being fairly dealt with by the private school. Without going into the merits of this allegation, we feel that if a school is upgraded for meeting the requirements of the depressed class of society, then even if funds are required to upgrade the school, the executive instructions will not come in the way. In view of the above discussion, we find no merit in the petition which is accordingly dismissed. ( Deepak Gupta ) Judge July 30, 2009 (Surinder Singh) (m) Judge