BALBIR SINGH PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petition has been filed against the order dated 8.3.2019 (Annexure P-1) amending the earlier order dated 9.8.2019 (Annexure P2) where-by the State Government had identified the Schools running in the different blocks of the State including Schools running at Manora and Bageecha Blocks of District Jashpur. Earlier, 80 Schools of Bagicha Block of District Jashpur were identified for additional construction, repairing and renovation of School Buildings alongwith other schools of different blocks of District Jashpur. After the new Assembly Election, the State Government has issued amended notification on 8.3.2019 whereby 59 Schools of Bagicha Block have been withdrawn and schools of Manora Block has been increased under the said work. This made the petitioner to approach this Court with following reliefs :-

(2.) Mr. Ravindra Agrawal, learned counsel for the Petitioner submits that as per order dated 9.8.2018 (Annexure P-2), the State Government had sanctioned a total sum of Rs.10674.40 Crores for repairing, renovation, construction of additional rooms and Verandah of the Schools identified and enlisted in the Order Annexure P-2 at different districts of the State. He further submits that 80 Schools have been identified for Bagicha block of District Jashpur for different purposes i.e. constructions, levelling, renovation & repairing work. After the Assembly elections, which took place in the end of 2018 and formation of new Government, suddenly, the State Government has issued the amended order vide Order dated 8.3.2019 (Annexure P-2). The Respondents-State without any reason, only on account of political interference of the local MLA, has withdrawn 59 schools identified by the earlier Government under the Scheme Annexure P-2 and have increased the Schools of Monaro Block of District Jashpur. This act has been done without doing any exercise or inspections of the Schools to evaluate the urgency and necessity. During the regime of earlier Government, based on the urgency and necessity, the Competent Authority has prepared the list and sent the same to the State Government, which was approved. Hence, there was no reason for amending the order passed by the Government for the Schools already identified for construction, repairing and renovation etc. He further submits that the Order dated 8.3.2019 (Annexure P-1) has been passed only due to interference made by Local MLA, who had made all his efforts to reduce the Schools of the Bageecha Block of District Jashpur from the list and to bring in the other schools of Manora Block of District Jashpur in the list of identified schools for aforementioned work. He also submits that as per information of the Petitioner, brother of local MLA is a Contractor and for his benefit only, he (Local MLA) wrote a letter to the State Government on 11.02.2019 for amending the list of the Schools. His contention is that once after completing all the formalities, the Schools were identified for the purposes of the nature of work as mentioned in the order dated 9.8.2018 (Annexure P-2), then unless and until by visiting and inspecting the Schools again and report to this effect is brought to the knowledge of the authorities that other Schools require more importance and priority than the enlisted Schools, the amendment could not be made. Issuance of amended list (Annexure P-1) has been prepared only with a political motive. He also submits that the Order dated 8.3.2019 (Annexure P-1) be quashed directing Respondents Authorities to sanction the work of the Schools of Bageecha Block of District Jashpur as per Order dated 9.8.2018 (Annexure P-2).

(3.) Shri Sudeep Agrawal, learned Deputy Advocate General for the State/Respondents submits that idea and understanding of the Petitioner is not correct. In the previous list dated 9.8.2018 (Annexure P-2), there was huge difference in number of identification of the Schools in blocks. In District Jashpur, 80 Schools of Bageecha Block were identified whereas only seven schools of Monoro Block were identified, hence, only to rationalize the fund allocation for the entire district, the amendment order was issued and now 59 Schools of Bageecha Block are delisted. 43 schools of Manora Block and 16 Schools of Jashpur Block are identified and added in the list Annexure P-1. The action taken by the respondents-Authorities is based on the policy decision taking into consideration the priorities of the State, there is no arbitrariness in the action of the Respondents-State but only to harmonize the work, the amended order has been issued, which is a prerogative of the Executives. He further submits that the re-allocation of work has been done only to facilitate the works of the other blocks within the limited budget sanctioned for the aforesaid purpose. Perusal of the orders dated 8.3.2019 & 09.08.2018 vide Annexures P-1 & P-2, respectively would show that the budget allocated for the said work was for the financial year 2018-2019, which has already come to an end and if for any reason, the budget sanctioned is not utilized, then with the passage of time, the said amount would lapse. Hence, the petitioner is not entitled for the relief as sought for by him under Clause 10.1 of the writ petition. He submits that by lapse of time, the petition has become infructuous.