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2016 DIGILAW 184 (MAN)

Jamkhosei Haokip, S/o late Semlet Haokip v. Union of India through the Secretary, Ministry of Human Resource Development, Govt. of India, New Delhi

2016-10-26

N.KOTISWAR SINGH, R.R.PRASAD

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JUDGMENT AND ORDER : R.R. PRASAD, J. 1. Before we proceed further in the matter the order which was passed on 09.09.2016 needs to be reproduced which reads hereunder: “ Heard learned counsel appearing for the parties. This PIL has been filed for direction to the authorities to establish a Kendriya Vidyalaya School at village Chakap where land, which would be required to the authority of the Kendriya Vidyalaya to establish the School, would be provided by village Chief. Upon receiving the said proposal the authority of Kendriya Vidyalaya School on finding the land not suitable rejected the proposed. At the same time, expressed willingness to open a school provided adequate land suitable for establishing the school is provided with. In such situation, the State Government asked the Deputy Commissioner, Chandel to identify a new site for establishing Kendriya Vidyalaya School. Thereupon a piece of land measuring 8 acres was identified and was made known to the authority of Kendriya Vidyalaya School. According to Mr. S. Rupachandra, learned ASG appearing for the Union of India that piece of land, which has been offered to the Kendriya Vidyalaya School authority, is not adequate as it is less than 10 acres. In such situation, let the authority find out whether 2 acres more land from the same chunk of the land which measures about 18.64 acres at village Anal Khunou Chakpikarong Sub-Division can be made available. Learned Advocate General assures us that he will impress upon the authority to consider the matter with positivity for transfer of 2 acres more land so that total land measuring 10 acres be made available to the authority of Kendriya Vidyalaya School who will then consider its suitability. Under the situation matter is posted after three weeks. In the meantime, learned counsel appearing for the petitioner will find out about the distance in between the village Chakap and Anal Khunou Chakpikarong Sub-Division. Put up this case on 05.10.2016.” 2. Under the situation matter is posted after three weeks. In the meantime, learned counsel appearing for the petitioner will find out about the distance in between the village Chakap and Anal Khunou Chakpikarong Sub-Division. Put up this case on 05.10.2016.” 2. Today, learned Advocate General by referring to a guideline issued by the Kendriya Vidyalaya Sangathan for opening a new Kendriya Vidyalaya School in a civil sector did point it out that only 8(eight) acres of land in the hilly area is required for establishing a school and as such asking for more than 8 acres of land by the authority of Kendriya Vidyalaya Sangathan would not be proper though on the other day this Court had asked to explore the possibility for transferring of 2 (two) acres of land apart from 8 acres of land which had already been identified. 3. At this stage, Mr. S. Rupachandra, learned ASG appearing for the Kendriya Vidyalaya Sangathan submits that the adequate land is not the only criteria for opening of Kendriya Vidyalaya School rather other conditions are also there upon fulfilment of which the authority of the Kendriya Vidyalaya Sangathan does consider for opening of the Kendriya Vidyalaya School. In this regard, learned counsel by referring to the statement made in paragraph no.6 of the counter affidavit submits that there should be concentration of at least 500 employees of the defence service or of the Central Government or of Government of India undertaking and that apart there should be minimum potential enrolment of children of specified categories for opening a Kendriya Vidyalaya School belonging to category-I to IV which may be 200 or an average of 30 per class as per norms prescribed for opening a Kendriya Vidyalaya under civil sector. Further it was pointed out that earlier a proposal had been given for opening of a Kendriya Vidyalaya School over a piece of land which was measuring only 5 (five) acres of land whereas requirement was of at least 8 (eight) acres of land and therefore that piece of land was not found suitable for opening of a school. However, some persons came forward to donate their land measuring 8 (eight) acres of land at a place but other conditions as per norms prescribed to open a Kendriya Vidyalaya School were not getting fulfilled. 4. However, some persons came forward to donate their land measuring 8 (eight) acres of land at a place but other conditions as per norms prescribed to open a Kendriya Vidyalaya School were not getting fulfilled. 4. In the facts and circumstances, no direction can be issued either to State to provide land or to Kendriya Vidyalaya Sangathan (respondent No.3) to open a Kendriya Vidyalaya School at the place suggested on account of non fulfilment of other norms. However, it would be open for the authority of the Kendriya Vidyalaya Sangathan to consider for opening of a Kendriya Vidyalaya School at the place proposed upon being finding the said place suitable and practicable. 5. Thus, this PIL stands disposed of.