IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 37/2010 Decided on: 8.4.2010. Prem Singh ...Appellant. Versus State of H.P. and others. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice R.B. Misra, Judge. For the Appllant : Mr. Javed Khan, Advocate. For the Respondents : Mr.R.K. Bawa, Advocate General with Mr.J.K.Verma, Dy.A.G for the respondents- State. Mr. Neel Kamal Sood, Adv for the Caveator. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The LPA has been filed with the following prayers: (a) That the impugned judgment dated 29.3.2010 passed in CWP No. 880/206 may very kindly be quashed and set aside; (b) That respondents No. 1 to 3 may very kindly be directed not to give effect on the basis of above said judgment and school Odihar may kindly be continued to middle standard keeping in view all the facts and circumstances which is in the interest of general public and students in the entire area; (c) That any action taken by the respondents 1 to 3 qua shifting of school to Rainidhar may kindly be declared as null and void in view of peculiar circumstances of the case. Petitioner is not a party to the writ petition. The issue pertains to the upgradation of Government Primary School, Rainidhar. Petitioner apprehends that in the process, the future of middle school at Odidhar will be affected. We do not think that the judgment will invite such a consequence. The operative part of the judgment reads as follows: “8. The result of the above discussion, the petition is allowed. The respondents are directed to restore the up gradation of Govt. Primary School to middle School at Rainadhar by issuing necessary directions within 8 weeks from today and to make upgraded middle school at Rainadhar functional within the same period by appointing necessary staff. The respondents are at liberty to continue running of middle school at Odidhar even in presence of upgraded middle school at Rainadhar. No costs. Since the learned Single Judge has given the liberty to the respondents to continue the middle school at Odidhar, despite the upgradation of middle school at Rainadhar, appellant need not have apprehension that on account of judgment, his school would be affected. But if for any other reason, the school is to be shifted, the appellant may be issued prior notice. Copy dasti. (Justice Kurian Joseph), Chief Justice 8th April, 2010 (Justice R.B. Misra), (s/sl) Judge.