IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. : 576 of 2006 Date of decision : 2.4.2008 Bhim Singh and another …Petitioners. Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Deepak Gupta, J. The Hon’ble Mr. Rajiv Sharma, J. Whether approved for reporting ?1 No. For the petitioners : Mr. Pankaj Sharma, Advocate. For the respondents : Mr. Ram Murti Bisht and Mr. Rajesh Mandhotra, Deputy Advocate General Per Deepak Gupta, J. The brief facts are as follows:- Government Primary School, Chhou Bhoger was upgraded to the middle level vide notification dated 16.6.2006 issued by the Principal Secretary (Education) to the Government of Himachal Pradesh. On 1.7.2006 a corrigendum notification was issued whereby instead of Government Middle School Chhou Bhoger, Government Primary School, Dhar Taran was upgraded to the middle level. This second notification is the subject matter of challenge in the writ petition. According to the petitioner, action of the respondents is arbitrary as the respondent has donated land for building of the middle school and therefore, corrigendum notification should be quashed. 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. Respondents have filed reply, in which it is stated that after issuance of the notification dated 16.6.2006 representative of the public met the Government Officials and informed that whereas GMS Kiyarik is only situate at a distance of only 3 kms. from GPS Chhou Bhogar, the nearest middle school from GPS Dhar Taran is GSSS Dadahu, which is at a distance of seven kilometers. It was in these circumstances, the corrigendum notification was issued. Though opportunity given to the petitioner to file rejoinder but no rejoinder has been filed. The action of the State in upgrading the school is an executive action, which may be interfered by this Court only if the same is arbitrary. In the present case, the respondents have given valid reasons for issuing the corrigendum notification. The distance from the nearest upgraded school is a relevant consideration. The respondents found that GMS Kiyarik was only at a distance of three kilometers from GPS Chhou Bhogar whereas the nearest middle school from Dhar Taran was at Dadahu seven kilometers away. This is a very valid consideration. The action of the respondents is not at all arbitrary. We find no error in the same. The petition is, therefore, without any merit and is dismissed. We, however, clarify that this decision shall not come in the way of the State in upgrading GPS Chhou Bhogar, if otherwise the same considers it proper to do so. ( Deepak Gupta), J. 2nd April, 2008 ( Rajiv Sharma), J. ™