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2019 DIGILAW 67 (MAN)

Joseph Chachel v. Union of India

2019-10-14

LANUSUNGKUM JAMIR, R.SUDHAKAR

body2019
ORDER : R. Sudhakar, J. 1. Heard Mr. B.R. Sharma, learned counsel for the petitioner as well as Mr. N. Kumarjit, learned Advocate General, Manipur for the State respondents. Also heard Mr. Vijaynanda Sharma, learned ASG for the Union respondents. 2. This PIL has been filed challenging Annexure-A/5 dated 20th August, 2019. This is based on a proceeding of the Executive Committee chaired by the Chief Secretary, Government of Manipur along with three others, namely, Principal Secretary (Finance), Government of Manipur and the Commissioner (Planning) Government of Manipur and Addl. Chief Secretary (TA & Hills), Government of Manipur. The proposal is for establishment of Eklavya Model Residential School. Originally, as per Annexure-A/1 dated 03.12.2018, Eklavya Model Residential School was to be established at Taphou Pudunamei, Senapati District, Manipur and based on the Government letter, sanction was granted for construction of Eklavya Model Residential School at Mao Maram Block, Senapati District, Manipur at a cost of Rs. 24 crores by proceeding dated 27th February, 2019, Annexure-A/2 issued by the Government of India, Ministry of Tribal Affairs. By proceeding dated 14th March, 2019 issued by the Government of India, Ministry of Tribal Affairs, the location was specified as District Senapati, Mao Maram (Taphou Pudunamei) for construction of Eklavya Model Residential School. Thereafter, realising that the said Taphou Pudunamei village comes within the newly created Senapati Sub Division by Government order No. 30/13/2017-R dated 22nd September, 2017 in the proceeding of the Executive Committee chaired by the Chief Secretary, Government of Manipur as Chairman, along with three others, the location of the Eklavya Model Residential School was proposed for Mao-Maram Sub Division, Sub Division Makhan village and the Committee also proposed Eklavya Model Residential School for Senapati Sub-Division/Block at Taphou Pudunamei Village in 2020-21. The relevant proceeding is at page No. 28 and it is quoted as under:- "(i) Setting up of one EMRS for Mao Maram Sub-Division/Block which was approved/sanctioned by Ministry of Tribal Affairs for the year 2018-19 shall be changed to Makhan Centre Village which is under Mao-Maram Sub-Division instead of Taphou Pudunamei which is now under newly created Senapati Sub-Division. (ii) Further, one EMRS is being recommended for Senapati Sub-Division/Block at Taphou Pudunamei Village in 2020-21." 3. Based on the proceeding of the Committee dated 19.8.2019 as above, the impugned order at Annexure-A/5 dated 20.8.2019 has been issued against which the present writ petition has been filed. (ii) Further, one EMRS is being recommended for Senapati Sub-Division/Block at Taphou Pudunamei Village in 2020-21." 3. Based on the proceeding of the Committee dated 19.8.2019 as above, the impugned order at Annexure-A/5 dated 20.8.2019 has been issued against which the present writ petition has been filed. Interim order was issued on 11.10.2019 and the learned Advocate General, Manipur appeared on behalf of the State. 4. Today, when the matter was taken up, learned AG produces proceeding of the Government of India, Ministry of Tribal Affairs (EMRS Division) dated 10th October, 2019 which reads as follows:- "11015/05(14)2019-EMRS Government of India Ministry of Tribal Affairs (EMRS Division) Jeevan Tara Building, New Delhi Dated: 10th October, 2019 To Additional Chief Secretary Tribal Affairs & Hills Department Government of Manipur South Block, Manipur Secretariat, Imphal-795001 Subject: Change of location of EMRS sanctioned in Senapati District during 2018-19 - reg. Sir, With reference to your letter No. 14/6/2017- TAH(Art.) dated 27.09.2019 regarding change of location of EMRS sanctioned in Senapati District during 2018-19, it is submitted that the Ministry has no objection in the proposed change in location of earlier sanctioned EMRS at Taphou Pudunamei Village of the Mao Maram Block to Makhan Centre Village of Mao Maram Block in Senapati District for the year 2018-19, subject to fulfilling the following conditions. a. The Block should have affected 50 percent or more ST population and 20,000 or more tribal persons. b. Sufficient land should be made available as per the extant guidelines of EMRS. c. The land identified should be free from any encumbrances and should be easily accessible by student. d. Submission of DPR in consonance with the provisions enlisted in Letter No. 18015/11/12019- EMRS dated 26.08.2019. 2. The amount of Rs. 136 Lakhs already sanctioned to the State for the EMRS at Mao Maram Block of Senapati District should be utilized for the construction of the EMRS at the proposed location as per the approved DPR. The approved cost shall remain the same as approved by the Project Appraisal Committee (PAC) during the meeting held during 11.02.2019-13.02.2019. Yours faithfully, (M.K Jha) Under Secretary to the Govt of India" 5. Based on the State Government's modified proposal, the Government of India, Ministry of Tribal Affairs had given sanctioned for change of location of EMRS on the same terms and conditions. Yours faithfully, (M.K Jha) Under Secretary to the Govt of India" 5. Based on the State Government's modified proposal, the Government of India, Ministry of Tribal Affairs had given sanctioned for change of location of EMRS on the same terms and conditions. Since the Government of India has already approved the change of location, we do not find any reason to interfere with the impugned proceeding. However, we also notice that the Committee headed by the Chief Secretary in its proceeding dated 19.8.2019, has recommended for EMR School at Senapati Sub Division/Block at Taphou Pudunamei village, 2020-21. We are of the view that the proposed EMR School at the Taphou Pudunamei village, 2020-21 has to be strictly implemented without any default and government should not resile from its commitment and the Government of India should be addressed for grant of appropriate amount for establishment of the school there also. 6. Establishment of a school in a tribal area, particularly, hill districts is a necessity and the State and the Central Governments have to take into consideration the need of the people of the hill areas who are mostly tribal people. 7. It goes without saying that right to education has been considered as one of the fundamental rights. The Hon'ble Supreme Court in the cases of Unnit Krishnan J.P. & ors. vs. State of Andhra Pradesh & ors. reported in (1993) 1 SCC 645 held at para No. 111 (g) as under:- "111. ...................... xxxxxxx (g) "We hold that every citizen has a 'right to education' under the Constitution. The State is under an obligation to establish educational institutions to enable the citizen to enjoy the said right. The State may discharge its obligation through State-owned or State recognised educational institutions." The Hon'ble Supreme Court again in the case of Avinash Mehrotra vs. Union of India & ors. reported in (2009) 6 SCC 398 held at para No. 32 as below:- "32. Education remains essential to the life of an individual, as much as health and dignity, and the State must provide it, comprehensively and completely, in order to satisfy its highest duty to citizens." 8. The establishment of Eklavya Model Residential School (EMRS), more particularly, at the hill areas, is an absolute necessity to bring the people of tribal areas to the mainstream. The establishment of Eklavya Model Residential School (EMRS), more particularly, at the hill areas, is an absolute necessity to bring the people of tribal areas to the mainstream. Taking note of the above, we direct the State Government to concurrently proceed with the establishment of Eklavya Model Residential School (EMRS) at Taphou Pudunamei village at Senapati District/Block as undertaken and recorded as above. 9. PIL stands disposed of with the above observations.