Madhya Pradesh High Court
Anurag Modi vs The State Of Madhya Pradesh on 16 January, 2023
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 16 th OF JANUARY, 2023
WRIT PETITION No. 5119 of 2007
BETWEEN:-
ANURAG MODI S/O P.D.MODI, AGED ABOUT 43 YEARS,
GURUDEV PARISAR, HARDA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ABHIJIT BHOWMIK - ADVOCATE - ABSENT)
AND
1. THE STATE OF MADHYA PRADESH SCHOOL
EDUCATION DEPARTMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. COMMISSIONER SARVA SHIKSHA ABHIYAN
RAJYA SHIKSHA OCCUPATION: KENDRA PUSTAK
BHAWAN B-WING, ARERA HILLS, BHOPAL
(MADHYA PRADESH)
3. THE UNION OF INDIA, THROUGH ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
MINISTRY OF HUMAN RESOURCE
DEVELOPMENT SHASTRI BHAWAN, NEW DELHI
4. COLLECTOR AND CHAIRMAN ZILA SHIKSHA
KENDRA SARVA SHIKSHA ABHIYAN DISTRICT
BETUL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI B.D.SINGH - GOVERNMENT ADVOCATE)
This petition coming on for hearing this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 1/18/2023
5:28:01 PM
2
ORDER
Heard learned Government Advocate.
2. This petition has been filed seeking the following reliefs :-
"7.1) That, the respondents be directed to initiate criminal proceedings against the District Collector/Chairman of the Zila Shiksha Kendra and the then Coordinator of Zila Shiksha Kendra who were directly responsible for the implementation and monitoring of the SSA programmes in Betul district and direct them to pay Punitive compensation to the respondent State of M.P., the Union of India and to the students of Betul Districts for acting negligently and willfully providing wrong information in terms of distribution of the books.
7.2) That the Respondents be directed to compensate the students of the District of Betul towards the loss of their academic performance and violation of their fundamental right as provided under Article 21A of the Constitution of India.
7.3) The Hon'ble Court may constitute a team of experts in the field of education to evaluate the present scheme as being run in the State of M.P. and suggest necessary changes so as to enable the Respondents to fully and completely discharge their constitutional obligation under Article 21, 21A and 46.
7.4) That, the Hon'ble High Court may be pleased to grant any other relief deemed fit in the view of the facts and circumstances of the case."
3. Reply has been filed by the respondents No.1, 2 and 4. They have stated in para 15, 16 and 17 as follows :-
15. The Station Incharge Police Chowkiganj, Betul vide letter dt. 15.1.2007 found 70 Bags of Books with 'Kabadi'. A copy of FIR in this respect is filed and marked as Annexure R-11. On investigation it was revealed that some teachers were involved in this incident.
On the basis of this investigation action was taken against the teacher Ramesh Kumar Pawar Jan Shikshak (Asstt. Teacher) Jan Shiksha Kendra Khedli, Block Betul. Abhay Gotekar (Asstt. Teacher) Primary School Umri Jagir & Sheopal Ingre (Asstt. Teacher) Primary School Khedli Block Betul. All these teachers were suspended by the Collector, Betul vide letter dt. 16.1.2007. A copy of which is filed as Annexure R-12. Complaint was lodged on 16.1.2007 a copy of which is filed as Annexure R-13. On 18.1.2007 the Collector Betul constituted an Enquiry Committee in the chairmanship of SDM, Betul, DEO, Principal Govt. Girls Higher Secondary School, Betul and Principal, School of Excellency, Betul Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 1/18/2023 5:28:01 PM 3 to conduct an enquiry into the said affairs. A copy of order of Collector dt. 18.1.2007 is filed herewith as Annexure R-14. The books so seized were obtained on suprudnama and are deposited with Zila Shiksha Kendra, Betul. It is pertinent to note that these are only books and are not sets of Books. Therefore, it cannot be presumed that sets of Books were not distributed. This Committee is conducting the enquiry and is likely to submit the report.
16. On receipt of the information of the said incident the State Government appointed a high level committee in chairmanship of Addl. Mission Director, (AMD) Rajya Shiksha Kendra who submitted his enquiry report on 27.1.2007. A copy of Enquiry report dated 27-01-2007 is filed herewith as Annexure R-15.
17. On the basis of recommendation made vide enquiry report dated 27-01-2007, the Principal Secretary, Department of School Education issued directions to take all prevention steps so that such incident may not take place again. A copy of the directions so issued on 5.3.2007 is filed herewith as Annexure R-16.
4. An action taken report has also been filed by the respondents pursuant to the order passed by this Court dated 16.08.2021 with regard to bringing the outcome of the investigation in pursuance to FIR. It is stated therein that after FIR regular trial has been conducted against the concerned persons and various materials have been seized. The accused in Trial Case No.518 of 2007 have been acquitted vide order dated 14.10.2015. Thereafter in the departmental enquiry, the accused persons were placed under suspension by the department vide order dated 16.01.2007. Thereafter on 14.03.2008, suspension order was revoked and after acquittal by the competent Civil Court, the enquiry was also closed.
5. Keeping in mind the reply filed as well as the action taken report, we are of the view that the plea of the petitioner has since been answered. We do not find any ground to proceed further in the matter.
6. The petition is accordingly dismissed.
Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 1/18/2023 5:28:01 PM 4 (RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 1/18/2023
5:28:01 PM