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2014 DIGILAW 185 (JK)

Village Welfare Committee v. State Of J&K

2014-04-29

DHIRAJ SINGH THAKUR

body2014
1. The present petition has been filed by the petitioner that is Village Welfare Committee challenging the order dated 5th of March, 2013 issued by Zonal Education Officer, Vailoo authorizing the Village Education Committee of PS G.B. Kherpeth to start the work for the primary school GB Kherpeth through Abdul Karim land owner. 2. It is stated that the aforementioned order has been obtained by practicing fraud inasmuch as, on the date of the passing of order impugned, Abdul Karim was already dead having expired on 17.6.2012. The allegations are that private respondent no. 5 son of erstwhile member of the Village Education Committee namely Abdul Karim has in fact obtained the order with a view to get pecuniary benefit from the construction in question. 3. Objections have been filed wherein it is not denied that on the date of the order impugned, the said Abdul Karim land owner who had provided the land for construction of the school was already dead. It is further stated that the work for construction of the works on the primary school has now been allotted to Gh. Qadir for execution and work order has been issued in his favour in good faith. 4. Among others, the Sarva Shiksha Abhiyan (for short SSA) also specifically envisages how the funds have to be utilized for purposes of upgradation, maintenance and repair of schools. The relevant portion of the SSA Scheme is reproduced as under:- "All funds to be used for upgradation, maintenance, repair of schools and Teaching Learning Equipment and local management to be transferred to VECs/School Management Committees/Gram Panchayat/or any other village/school level arrangement for decentralization adopted by that particular State/UT. The village/school based body may make a resolution regarding the best way of procurement." 5. From the aforementioned scheme it becomes clear that funds provided to the VEC for purpose of construction of infrastructure are not to be misused nor can they be treated as wind fall or for pecuniary advantage for the benefit of either the land owner or the individual members of the VEC. Strict monitoring has to be ensured on the utilization of these government funds by the concerned official authorities. Transparency has also to be maintained as regards utilization of these funds not only by the VEC who are entrusted with the utilization of the funds but also by the officials monitoring the same. 6. Strict monitoring has to be ensured on the utilization of these government funds by the concerned official authorities. Transparency has also to be maintained as regards utilization of these funds not only by the VEC who are entrusted with the utilization of the funds but also by the officials monitoring the same. 6. This petition is accordingly allowed partially. The impugned order dated 5.3.2013 is quashed. It is directed that the Village Education Committee shall ensure proper utilization of the funds in terms of SSA Scheme and shall ensure that no part of the said amount is either misutilized or misappropriated for personal gains and best possible effort has to be made to ensure procurement of the material for raising infrastructure for the best benefit of the institution concerned.