Courts Update Madhya Pradesh HC disposes of PIL seeking an inquiry...

Madhya Pradesh HC disposes of PIL seeking an inquiry into illegal construction in school

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Madhya Pradesh Aug 19(ILNS): The Jabalpur Bench of Madhya Pradesh High Court, recently, disposed of a Public Interest Litigation(PIL)  filed in 2006, seeking inquiry either by the C.B.I. or by C.I.D regarding illegal construction in the premises of the school.

The Petition was filed by the Petitioners Umesh Kumar Bahare and Santosh Kumar Trivedi seeking directions to the state government to cause an inquiry to be made into illegalities committed by the Private Respondents, either by the C.B.I. or by C.I.D. and further directions to take over the possession of all shops constructed over the school land.

The Division Bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla having regard to the fact that PIL was filed way back in the year, 2006 and the respondents have already initiated action against the erring Principal, the Court is not persuaded to direct any investigation either by the CBI or CID at this distance of time into the present case.

The allegation of the Petitioners is that Respondent No.5- Principal, Government Higher Secondary school, Mohandra, Tehsil Pawai, District Panna (M.P.) has in collusion with the Private Respondents illegally constructed 39 shops in the premises of the school and the money of the School Development Fund has been spent in such construction. It is contended that the School is not a profit-making body and a huge amount of money has been wasted in this way.

Darshan Soni, Government Advocate appearing for the state,  apprised the Court towards the steps taken by the respondent authorities pursuant to the order passed by the High Court. It is submitted that the Director, Public Education by order dated 03.03.2012 suspended Respondent No.5 for spending an amount of Rs.1,83,000/- for construction of 10 shops from the School Development Fund and constructing further 27 shops by spending Rs.10,50,000/- received from the charity.

It is further contended that the action was taken against Respondent No.5 who was responsible for the aforesaid lapse.

Government Advocate has further invited the attention of the High Court towards Clause-39 of the circular dated 25.07.2003 issued by the State Government which provides that if there is a surplus land of the school, the same can be used for commercial purposes for the benefit of studies, sports and other activities of the students to ensure their all-round development. The profits received from such activities shall be deposited with the Development Fund of the school, but this could be done only by sending a proposal to the District Planning Committee and only upon receiving their approval.

“However, we dispose of the writ petition by directing the respondents to take disciplinary action against respondent No.5 to its logical conclusion, if it is not already concluded”, the order reads./ILNS/SS/SNG

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