Rajasthan High Court - Jodhpur
Ramesh Kumar Garasiya vs State Of Rajasthan on 18 July, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12566/2019
Shanti Lal Garasiya S/o Kirnaram Ji, Aged About 30 Years, R/o
Village Hayla Gram Panchayat Visma P.s. Sayra Tehsil Gogunda
District Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Tribal Area Development Department, Rajasthan, Udaipur.
2. Commissioner, Tribal Area Development Department,
Rajasthan, Udaipur.
3. Additional Commissioner, (First), Tribal Area Development
Department, Rajasthan, Udaipur Cum Director Swachh
Project, Office Of Directorate, Udaipur.
4. Project Manager (Officer), Swachh Project, Office Of
Directorate, Udaipur.
5. President, Tribal Village Development Committee,
Khokhanadi Bheel Basti, Village Barawali Gram Panchayat
Visma Panchayat Samiti Sayra Tehsil Gogunda District
Udaipur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 13234/2019
Gopi Shankar Garasiya S/o Anna Ram Ji, Aged About 29 Years,
R/o Village Kyar Ka Khet, Kadech P.s. Sayra District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Tribal Area Development Department, Rajasthan, Udaipur.
2. Commissioner, Tribal Area Development Department,
Rajasthan, Udaipur.
3. Additional Commissioner (First), Tribal Area Development
Department, Rajasthan Udaipur Cum Director Swachh
Project, Office Of Directorate, Udaipur.
4. Project Manager (Officer), Swachh Project, Officer Of
Directorate, Udaipur.
5. President, Tribal Village Development Committee, Kyar Ka
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(2 of 6) [CW-12566/2019]
Khet, Kadech P.s. Sayra Tehsil Gogunda District Udaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 13328/2019
Ramesh Kumar Garasiya S/o Dharmaram, Aged About 24 Years,
R/o Village Pala Gram Panchayat Chitrawas P.s. Sayra District
Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Tribal Area Development Department, Rajasthan, Udaipur.
2. Commissioner, Tribal Area Development Department,
Rajasthan, Udaipur.
3. Additional Commissioner, (First), Tribal Area Development
Department, Rajasthan Udaipur Cum Director Swachh
Project, Office Of Directorate, Udaipur.
4. Project Manager (Officer), Swachh Project, Office Of
Directorate, Udaipur.
5. President, Tribal Village Development Committee, Valoliya
Bheel Basti, Gram Panchayat Chitrawas P.s. Sayra Tehsil
Gogunda District Udaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 13472/2019
Pannalal Gameti S/o Kartigram Ji, Aged About 35 Years, R/o
Village Sanchali Gram Panchayat Jemali P.s. Sayra Tehsil
Gogunda, District Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Tribal Area Development Department, Rajasthan, Udaipur.
2. Commissioner, Tribal Area Development Department,
Rajasthan,f Udaipur.
3. Additional Commissioner, (First), Tribal Area
Development, Rajasthan Udaipur Cum Director Swachh
Project Office Of Directorate, Udaipur.
4. Project Manager (Officer), Swachh Project, Office Of
Directorate, Udaipur.
5. President, Tribal Village Development Committee, Valra
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Fala, Village Semad Gram Panchayat Semad Panchayat
Samiti Sayra Tehsil Gogunda, District Udaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 13484/2019
Arjun Lal Garasiya S/o Anaram Ji, Aged About 29 Years, R/o
Village Kyar Ka Khet Gram, Panchayat, Kadech, P.s. Sayra Tehsil
Gogunda, District Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Tribal Area, Development Department, Rajasthan,
Udaipur.
2. Commissioner, Tribal Area Development Department,
Rajasthan, Udaipur.
3. Additional Commissioner (First), Tribal Area Development
Department, Rajasthan Udaipur Cum Director Swachh
Project, Office Of Directorate, Udaipur.
4. Project Manager (Officer), Swachh Project, Office Of
Directorate, Udaipur.
5. President, Tribal Village Development Committee, Nadi
Fala (Kyar Ka Khet) Village Kyar Ka Khet Gram Panchayat
Kadech, P.s. Sayra Tehsil Gogunda Disrict Udaipur,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi
For Respondent(s) : Mr. KS Rajpurohit, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 18/07/2022 Heard learned counsel for the parties.
The present writ petitions arise out of identical facts, therefore, the same are being decided by this common order.
The present writ petitions have been filed aggrieved of the closure orders dated 02.07.2019 passed by the Project Officer, (Downloaded on 19/07/2022 at 08:55:47 PM) (4 of 6) [CW-12566/2019] Swachh Project, Udaipur for closing the operations of Maa-badi Centers in Panchayat Samiti Khokhanadi Bheel Basti, Ubarikhuna Rawach, Bheel Basti Valoliya, Chitrawas, Valra Fala and Nadi Fala Kadech.
Learned counsel for the petitioners submits that the centers were opened by the State Government for upliftment of the children of the tribal areas under the scheme titled as Maa-badi Yojna. The scheme envisages that 30 children of 6-12 years will be nominated for each center and they will be provided with breakfast, lunch, school dresses and other accessories. The salient features of the scheme are reproduced as under:-
";g ;kstuk LoPN ifj;kstuk }kjk orZeku esa vuqlwfpr tutkfr@dFkkSM+h ,oa lgfj;k ifjokjksa ds ,sls ckyd@ckfydk tks f'k{kk ls oafpr gS ds fy;s lapkfyr dh tk jgh gSA 1- izR;sd ekW&ckM+h dsUnz ij tutkfr@dFkkSM+h ,oa lgfj;k leqnk; ds 6 ls 12 o"kZ ds f'k{kk ls oafpr 30 ckydksa dks izkjfEHkd f'k{kk gsrq ukekafdr djuk rFkk blesa ckfydkvksa dks ojh;rk iznku djukA 2- bu ckyd&ckfydkvksa dks ekW&ckM+h dsUnz ij uk'rk ,oe~ nksigj esa iks'kd Hkkstu miyC/k djkukA 3- izR;sd ckyd&ckfydkvksa dks iks'kkd] twrs] ekSts] VkbZ] csYV rFkk LosVj miyC/k djkukA 4- [ksrhgj etnwjksa ds cPpksa dk iyk;u jksduk rFkk vuojr v/;;u esa layXu djukA 5- [ksyksa ds ek/;e ls ckyd@ckfydkvksa dks f'k{k.k dk;Z dks :fpdj cukukA 6- v/;;ujr~ cPpksa dh ekrkvksa dks ekW&ckM+h dh xfrfof/k;ksa ls tksM+ukA"
These centers were in operation since 2018-19 and each center was having 30 students. The State Government on 02.07.2019 has taken a decision to close down these centers, therefore, the petitioners have filed these writ petitions.
Reply has been filed by the State Government and in reply, it is mentioned that 2500 centers are running in the State of (Downloaded on 19/07/2022 at 08:55:47 PM) (5 of 6) [CW-12566/2019] Rajasthan and in some of the centers, some irregularities were found, therefore, the State Government has taken a decision to close these centers.
Learned Additional Advocate General submits that after inspection, certain centers were found to be working not properly and since they were not working to the optimum level and several irregularities were also found in the working of the centers which were causing loss to the public exchequer, therefore, they were closed. He further submits that the scheme is still in operation and at other places the centers are running without any difficulty.
I have considered the submissions made at the Bar and gone through the requisite documents placed on record.
The fact that the scheme Maa-badi Yojna envisages the special attention to be taken towards the down-trodden society, specially the tribal areas and for the purpose of their upliftment, this scheme has been floated. In pursuance of this scheme, 2500 centers were opened in different parts in the State of Rajasthan and in most of the centers, children between 6-12 years were admitted and are being extended the benefit of this scheme. The inquiry report of some of the centers revealed that certain irregularities were committed and therefore, the State Government has taken a decision to close these centers.
In the humble opinion of this Court, if the irregularities has been observed at a particular center, then corrective measure is required to be taken instead of closing the center itself. A person who is not acting in accordance with the Rules is required to be taken to task and proceeding should be initiated against him rather than closing the center itself. The benefits of the scheme is required to be extended to the down-trodden of the society and (Downloaded on 19/07/2022 at 08:55:47 PM) (6 of 6) [CW-12566/2019] since the purpose of the scheme is very pious and is helping the lowest rung of the society, therefore, if a person, who is manning the center is committing irregularity, then that person is required to be dealt with in accordance with law rather than closing the center itself.
This Court feels that the benefit of the scheme in these areas i.e. Khokhanadi Bheel Basti, Ubarikhuna Rawach, Bheel Basti Valoliya, Chitrawas, Valra Fala and Nadi Fala Kadech is required to be extended to all those persons who are eligible for the same by operating these centers and placing the appropriate person by the State Government.
In view of the discussions made above, the present writ petitions are allowed and the State Government is directed not to close down these centers and wherever, the centers have been closed they should be reopened immediately and extend the benefits of Maa-badi Yojna.
It is also made clear that any person who is committing irregularity in operation of these centers, strict action against the erring officer should be taken in accordance with law. The respondent-State Government is directed to start operations in these closed centers within a period of six weeks from the date of the receipt of the certified copy of this order.
Although, the writ petitions are allowed but a compliance report to bring in operation of these centers to be placed before this Court after eight weeks.
(VINIT KUMAR MATHUR),J 26-30-Payal/-
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