Jharkhand High Court
Gopal Bhagat vs The State Of Jharkhand & Others on 18 January, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No.1551 of 2022
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Gopal Bhagat .... ... Petitioner
Versus
The State of Jharkhand & Others ... ... Respondents
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CORAM:HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Hemant Kumar Gupta, Advocate For the Respondents : Mr. Ashutosh Anand, AAG-III
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th Order No. 16/Dated 18 January, 2024 I.A. No. 542 of 2024
1. Learned counsel appearing for the State has submitted that he is not pressing the instant interlocutory application.
2. Accordingly, the instant interlocutory application is dismissed as not pressed.
W.P.(PIL) No.1551 of 2022
3. The instant writ petition is by way of pro bono seeking for the following directions :-
1. That in the instant writ application, the petitioner is desirous of issuance of an appropriate writ (s) / order (s) and direction (s) for Construction of Eklavya Model Residential School (EMRS) in the village of Sillagain, Police Station of Chanho, District of Ranchi, known and recognized as the Birth Place of the great freedom fighter of India, Late Veer Budhu Bhagat. Whose descendants for centuries (190 years) keep the Pindi of his Head in that village till date and upon whose continuous demanded 2 under constitutional provisions. The State and Central Government also had accepted their Rights of Fundamental Demands to construct the said School (EMRS) at the village of Sillagain and for which, the State Government has allocated 20 Acres of land out of 52 Acres of Gair-Majarua land, pertaining to Khata No.243, Plot No.3037, Thana No. 59 and the Ministry of Tribal Affairs of the Central Government of India has also allocated an amount of (Rs. 5.23 crore) Rupees of Five Crore Twenty Three Lakhs for its construction under provision of Article 275 (1) and 46 of the Constitution of India, as per Aam Sabha decision by the villagers of said Village of Sillagain taken on 05/09/2021. Which a copy was also submitted before the Deputy Commissioner of Ranchi.
AND For issuance of further writ / order / direction for quashing the all those orders or orders of the State Government and the District Administration after getting the approval amount from the Ministry of Tribal Affairs of the Central Government of India for the construction of the above E.M.R. School and after erecting the boundary wall on the said land with that amount. Some so called politicians created chaos by Standing outsider with anti- social elements. Who are spreading and protesting by putting pressure on the district administration to take the above school elsewhere of the Sillgain Village for their own Political benefits. Whereas the Village Assembly cum General Assembly of the people of Sillagain was also attacked by the anti social elements with out-siders under the leadership of politician namely Dev Kumar Dhan (Former 3 MLA) for not letting the decision work which the district administration was watching as a mute spectator and in front of them they threatened to kill the people of the villagers.
Hiding this serious offence, the district administration wants to abrogate the fundamental rights of the villagers by covering up the matter by showing a mild offences.
AND For issuance of further writ / order / direction that all the outsiders, who are preventing the construction work of the said Eklavya Model Residential School and all the politicians involved in it, should be stopped from going there for the sake of saving of the fundamental rights of the villagers of Sillagain Village and also under the purview of their educational, economical and other development works as provided under Article 21-A of the Constitution of India.
AND For issuance of further writ / order / direction to the district administration that they should get the construction work done under their supervision, security and protection So that, the State machinery does not bow down to the arrogance of any outsiders or the politicians.
4. The issue raised in this writ petition is against the action of the State in shifting the land for construction of Eklavya Model Residential School (EMRS) which was decided to be constructed by virtue of the decision taken sometime in the year 2010 to be constructed on Plot No.219, Barhe.
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5. The Deputy Commissioner, Ranchi had transferred 20 acres of land (out of 52 acres) of Gair Mazurwa Khas land pertaining to Khata No.243 from Plot No.3037, Thana No.59 in village Silagai in favour of the Welfare Department vide letter No.450 dated 04.08.2010 for establishment of Eklavya Model Residential School (EMRS), Silagai.
6. Subsequently, as per the statement made at paragraph 21 of the counter affidavit dated 12.01.2024, decision was taken to shift the said school to another locality as per the meeting held on 24.12.2021 under the Chairmanship of Deputy Commissioner, South Chotanagpur, Ranchi. The meeting was ended with the decision to select and provide at least 10 acres of land.
7. The aforesaid decision of the State Government has been questioned by way of the instant Public Interest Litigation inter alia on the following grounds / reasons :-
(i) That the Eklavya School is to be established with the collaboration of the Central Government under the scheme of Eklavya Model Residential School (EMRS) to provide quality education to Scheduled Tribe (ST) students from Class 6 to 12 in remote areas to enable them to access the best opportunity in education and to bring them at par with the general population.
(ii) The area where the decision was taken in the year 2010 to have the Eklavya Model Residential School 5 (EMRS) said to be in the locality considered to be secured for the students, but all of a sudden, decision was taken to shift it far from the located area, hence, if such shifting will be approved, then there will be major threat of the security.
(iii) The ground has been taken that once the decision has been taken, then without getting approval from the Central Government who is the main stake holder, such action of the State Government is absolutely improper.
(iv) The issue of violation of law and order situation has also been raised by not instituting F.I.R./submission of chargesheet by the investigating agency.
8. This Court, considering the aforesaid fact, has passed an order on 09.12.2022 passing the following orders:-
"It is submitted that the place of school building has already been shifted.
However, we do not see any reason for doing that.
The issue itself that the State authorities are so insecured of the anti-social elements that they have to shift the place of school building is not at all acceptable to the Court. Therefore, we do not see any reason for shifting the place of school building. The work must start at the place where it was initially started and the anti-social elements who will come in way must be dealt with in accordance with law and the expenditure which has already been 6 incurred should be recovered from the persons who have taken such decision for shifting on the ground of law and order situation. It is not acceptable to the Court that the State Government will come and say that the law and order situation is not good and therefore, it has to be shifted to some other place.
At the time of hearing of the matter, learned counsel was totally at a loss when we asked and questioned that who has taken the decision to shift the school.
It appears that under certain unwanted and unacceptable pressure this thing is being done.
Let the matter be taken up in the next week so that we will see the progress report of the F.I.R which has already been registered by the Senior Superintendent of Police, Ranchi.
Put up this case on 16.12.2022."
9. Again an application was filed seeking recall of the said order hence, the Court has passed the following orders on 06.10.2023:-
1. The instant interlocutory application has been filed on behalf of respondent State of Jharkhand for recall of the order dated 09.12.2022 and to permit the establishment of school at Mouza Barhe, Khata No.191, Plot No.219, area 8.00 acres, P.S. No.83, Police Station Chanho, Block Chanho, District Ranchi and Mouza Baijang, Khata No.126, Plot No.01, area 7.00 acres, P.S. No.84, Police Station Chanho, Block Chanho, District Ranchi.
2. Mr. Hemant Kumar Gupta, learned counsel appearing for the petitioner, has submitted that the statements made in the interlocutory application itself suggests that the State Government and its machinery are deliberately making malicious attempt under the political pressure to change a decision taken by the 7 Government without the consent of the Central Government or the Gram Sabha of that village.
3. Mr. Ashutosh Anand, learned Additional Advocate General-III, appearing for the State of Jharkhand, has submitted that this Court in its order dated 09.12.2022 has observed that "the work must start at the place where it was initially started and the anti-social elements who will come in way must be dealt with in accordance with law and the expenditure which has already been incurred should be recovered from the persons who have taken such decision for shifting on the ground of law and order situation".
4. By referring to paragraph 13 of the interlocutory application submission has been made that seeing the peculiar facts and circumstances of the case and the fact that law and order situation is involved and a school is required to be run where students and teachers are required to stay, the establishment of the school may be permitted to be shifted at the new place by recalling the order dated 09.12.2022 wherein this court has been pleased to observe that the work must start at the place where it was initially started.
5. Learned counsel for the State has further submitted that construction work has been started over the newly selected land and 4500 feet boundary wall has already been constructed and levelling of the land has also been done for the purpose of construction of school building.
6. He has also submitted that due to law and order situation, the decision has been taken to construct the school building over the newly selected land in a different village.
7. Learned counsel appearing for the petitioner, at this juncture, has submitted that it appears that the State has failed and, as such, the requirement of deployment of para military forces is there.
8. On the query of this Court that what action has been taken against the persons who have created 8 hindrance in construction in the school building, learned counsel appearing for the State has submitted that altogether 07 F.I.Rs have been instituted and in some cases chargesheet has been submitted.
9. Learned counsel, in this regard has referred to Paragraph 9 of the counter affidavit filed on 04.07.2023 wherein the status of the cases are mentioned, which is being referred in a tabular chart :-
Date Offence Status of Investigation of FIR Chanho P.S. Case No.131/2021 24.08.2021 Section 147, 1) Against 8 accused namely, 148, 149, 323, Ranjit Oraon, Raju Oraon, 341, 342, 353, Sunil Oraon, Pachola Oraon, 188, 269, 270, Rekha Kumari, Rajnish Oraon, 271, 34 of IPC Fulsundar Oraon and Bablu & Section 51 of Oraon application has been Disaster filed for issuance of process on Management 13.12.2022 before the Learned Act. Court below.
2) Two accused namely, Narayan Oraon and Shankar Oraon have been arrested on 13.12.2022 and 12.12.2022 respectively and sent to judicial custody. Upon investigation charge sheet no.25/2023 dated 08.02.2023 is submitted.
3) Two accused have been released on bail by the Hon'ble Court.
Chanho P.S. Case No.145/2021 26.09.2021 Section 147, 1) Against two accused namely, 148, 149, 341, Pachola Oraon and Rajnish 353, 188, 269, Oraon application has been 270, 271 of IPC submitted for issuance of & Section 51 of process on 13.12.2022 before Disaster the Learned Court below.
Management 2) Process against accused Act. namely, Dev Kumar Dhan has been received.
3) Three accused namely, Maghi Oraon, Magleshwar Tana Bhagat and Budh Ram Oraon have been arrested on 12.12.2022 and sent to judicial custody and charge sheet no.
24/2023 dated 08.02.2023 is submitted.
4) Two accused namely, Hari Oraon and Subash Munda have been released on bail.
Chanho P.S. Case No.177/2021 22.11.2021 Section 145, 1) Four accused namely, 147, 148, 149, Dhanai Oraon, Suraj Oraon, 341, 323, 353, Arvind Oraon and Etwa Oraon 427, 332, 435, have been arrested on 436, 120B of 12.12.2022 and sent to judicial IPC & Section custody and charge sheet 3/4 of no.23/2023 dated 07.02.2023 9 Prevention of is submitted.
Damages to 2) Against 17 accused
Public Property namely, Panchola Oraon,
Act & Section Makra Oraon, Suhrai Oraon,
51 of Disaster Birsa Oraon, Sunil Oraon, Management Ratia Oraon, Vimal Oraon, Act. Rekha Kumari Oraon, Rahul Oraon, Ranjit Oraon, Fulsundar Oraon, Babna Oraon, Shyam Sundar Oraon, Sahjit Oraon, Bablu Oraon, rajnish Oraon and Dev Kumar Dhan application for warrant has been submitted on 13.12.2022.
Chanho P.S. Case No.179/202123.11.2021 Section 147, Notice under Section 41 A of 148, 149, 341, Cr.P.C. is issued to all named 323, 435, 436, accused in the FIR and 427, 120B of name/detail of unknown IPC & Section accused is being verified.
3/4 of
Prevention of
Damages to
Public Property
Act.
Chanho P.S. Case No.193/2021
07.12.2021 Section 147, Against Five accused namely,
148, 149, 341, Dev Kumar Dhan, Vimal Oraon, 337, 338, 353, Parmeshwar Oraon, Panchola 427 of IPC & Oraon and Sahdeo Oraon Section 3 of application for warrant is Prevention of submitted on 13.12.2022 Damages to before the Learned Court below. Public Property Act.
Chanho P.S. Case No.194/2021 07.12.2021 Section 147, Notices under Section 41 of 148, 149, 323, Cr.P.C. is being served upon all 341, 504, 506 the named accused (47) in the of IPC. F.I.R.
Chanho P.S. Case No.195/202107.12.2021 Section 147, Notices under Section 41 of 148, 149, 323, Cr.P.C. is being served upon all 341, 504, 506 the named accused (23) in the of IPC. F.I.R.
10. Heard learned counsel for the parties and gone through the records of the case as also the order dated 09.12.2022 passed by this Court.
11. It appears from the tabular chart as appended to the supplementary counter affidavit dated 17.12.2022 as Annexure-SCA at page 10 which is under reference of Memo No.2596/22 dated 13.12.2022 and another is appended with the affidavit dated 04.07.2023 as under
Annexure-A contained in Memo No.1210/2023 dated 10.05.2023 which is under the signature of Officer-in-
Charge, Chanho Police Station that there is no progress in the investigation from 13.12.2022 to 10.05.2023. 10
12. This casts doubt upon the District Police of Ranchi in pursuing the matter which shows that the Officer-in-Charge of the concerned Police Station has tried to mislead this Court.
13. The said communication was sent to the Senior Superintendent of Police, Ranchi but even he has not taken any endeavor that why such communication has been made to mislead him.
14. Further, the Senior Superintendent of Police, Ranchi, being in the helms of affairs, is also to supervise such sensitive matter but if the Senior Superintendent of Police, Ranchi is also not vigilant and taking lackadaisical approach then what to be expected from him in maintaining the law and order situation at the place.
15. It is disheartening that the school in question which has been decided to be constructed in a particular place after thorough inspection and preparation of DPR, but, due to the disturbance created by the unsocial element, the State has decided to shift the site for construction of the said school.
16. The instant Public Interest Litigation has been filed questioning the decision of the State that as to why the site already decided after finding it suitable for all practical purposes, then why it is being shifted to another place.
17. This Court, after hearing the parties on 09.12.2022, has passed an order deprecating the stand of the State in shifting the site, for ready reference the order dated 09.12.2022 is being quoted hereunder as :-
"It is submitted that the place of school building has already been shifted.
However, we do not see any reason for doing that.
The issue itself that the State authorities are so insecured of the anti-social elements that they have to shift the place of school building is not at all acceptable to the Court. Therefore, we do not see any reason for shifting the place of school building. The work must start at the place where it 11 was initially started and the anti-social elements who will come in way must be dealt with in accordance with law and the expenditure which has already been incurred should be recovered from the persons who have taken such decision for shifting on the ground of law and order situation. It is not acceptable to the Court that the State Government will come and say that the law and order situation is not good and therefore, it has to be shifted to some other place.
At the time of hearing of the matter, learned counsel was totally at a loss when we asked and questioned that who has taken the decision to shift the school.
It appears that under certain unwanted and unacceptable pressure this thing is being done.
Let the matter be taken up in the next week so that we will see the progress report of the F.I.R which has already been registered by the Senior Superintendent of Police, Ranchi.
Put up this case on 16.12.2022."
18. The State, subsequent thereto, filed the instant interlocutory application for recall of the said order.
19. It appears from the pleading made in the instant interlocutory application that the State is considering itself to be helpless in making construction over the site already decided. However, it is the admitted case that the criminal case has also been instituted against the erring persons.
20. It appears from the tabular chart as reflected in paragraph 9 that certain persons have been made accused, against few of them chargesheet has been submitted but rest of the accused persons chargesheet has not been submitted and even no process under Section 82 and 83 Cr.P.C. has been taken.
21. The question herein is that can the State be said to be so weak in surrendering before the unsocial elements by taking decision to shift the place of construction of the school in question.
22. This Court, by taking into consideration the aforesaid fact, has passed order on 09.12.2022 but instead of taking effective measures, the instant 12 interlocutory application has been filed which does suggest that the state is also considering itself helpless in dealing with the law and order situation in the area concerned.
23. It further appears from the affidavit filed which is although on behalf of Respondent No.3 Deputy Commissioner, Ranchi but sworn by District Welfare Officer, Ranchi.
24. This Court is failed to understand that in such sensitive matter why the affidavit has not been sworn by Deputy Commissioner, Ranchi, rather, by District Welfare Officer, Ranchi who is even not party to the proceeding.
25. This Court, by taking consideration the pleading made in the instant interlocutory application and still the order passed by this Court dated 09.12.2022 has not been complied with, hence, prima facie is of the view that the action of the State is contemptuous.
26. This Court, considering the fact that the State is to maintain the rule of law and also to act in pursuance to the order passed by this Court unless reversed by the higher forum. But, it appears to us prima facie that the State is failed in discharging both the duties.
27. This Court, in view of the above, was inclined to call for the Chief Secretary, Jharkhand, Director General of Police, Jharkhand, Deputy Commissioner, Ranchi and Senior Superintendent of Police, Ranchi in person to explain as to why a suo moto proceeding for contempt be not initiated.
28. But, in order to have a chance to the concerned authorities, this Court is directing the Chief Secretary, Jharkhand and Director General of Police, Jharkhand to file affidavit as to what security measures are proposed to be taken for construction of the school in question at the site earlier decided.
29. Further, they will also explain in the affidavit as to what action has been taken against the erring officers/officials in not taking sincere endeavours 13 against the wrong doers who have demolished the boundary wall causing loss to the State exchequer.
30. Let such affidavit be filed on or before the next date of hearing.
31. So far as the submission made by the learned counsel appearing for the petitioner regarding deployment of para military forces is concerned, this Court will consider the same on the next date of hearing.
32. Let this matter be posted on 03.11.2023."
10. The order dated 06.10.2023 has been challenged before the Hon'ble Apex Court vide S.L.P. (C) No. 44868 of 2023. The Hon'ble Apex Court has passed following orders after dismissal of the said S.L.P. with a direction to decide the writ petition without being influenced by the interim order so passed on 06.10.2023 which was impugned before the Hon'ble Apex Court :-
"Delay in filing and refiling the special leave petitions is condoned.
Heard learned Additional Advocate General appearing for the petitioners-State.
It is seen the orders impugned passed in a Public Interest Litigation, challenged in these special leave petitions are interim in nature, therefore, we are not inclined to interfere in these special leave petitions. The special leave petitions are accordingly dismissed. Pending applications stand disposed of.
However, we make it clear that observations, if any, made in the impugned orders would not influence the High Court while deciding the issue on merits. All the contentions are left open to the parties for decision by the High Court.
On filing the counter affidavit by the petitioners, we request the High Court to expedite the hearing of writ petition.14
11. An affidavit dated 12.01.2024 has been filed wherein the ground has been taken of showing the reason of shifting from identified area which was taken sometime in the year 2010. The decision to shift the locality of construction of the said school had been taken on 24.12.2021.
12. Learned counsel appearing for the petitioner has raised following grounds :-
(i) The decision has been taken by the State Government to have Eklavya Model Residential School (EMRS) sometime in the year 2010 but still the school has not been constructed even though the land was identified and transferred in favour of the Welfare Department by the order of the Deputy Commissioner in the capacity of being the competent authority.
The reason for the same is that some
constructions which were made, have been
demolished by the unsocial elements of the said locality.
(ii) Learned counsel for the petitioner has raised the issue of law and order situation in the aforesaid area by taking the ground that the shifting, if will be allowed, then the same will be nothing but acceding to the illegal demands of the unsocial elements of the area 15 against whom the F.I.R. has been instituted and the chargesheet has also been submitted.
(iii) The State once has instituted criminal case and against some persons chargesheet has also been submitted then the question arises that why the State is not constructing the aforesaid school in the area which was identified sometime in the year 2010.
(iv) The contention has been raised that the EMRS Scheme is a scheme for making Model Residential Schools for Indian tribal (Scheduled Tribe) across India started sometime in the year 1997-98 planned by the Ministry of Tribal Affairs to give impetus to quality education in nearby tribal areas by following the CBSE curriculum.
(v) The Eklavya Model Residential Schools are being developed to impart quality education to tribal students with emphasis on not only academic education but all round development of the tribal students.
(vi) Learned counsel for the writ petitioner on the aforesaid grounds has submitted that the State, it appears, has acceded to the illegal demands and, therefore, the decision was taken to shift the construction of the school to another place.16
(vii) It has been submitted that if it will be allowed, the same will be nothing but compromising with the law and order situation.
(viii) Further submission has been made that the earlier selected land was chosen after giving thoughtful consideration and the land has also been transferred by the Deputy Commissioner vide letter No.450 dated 04.08.2010 in favour of the Welfare Department, the same will be said to be on consideration of the security issues of the school going children, since, the said school is for the girl students also.
(ix) It has also been submitted that the school is to be established to impart educational facility to the tribal children who are also the children of the persons living below the poverty line in order to facilitate them to have their education in the capacity of the residential students and since it has now been decided to shift it 10 km away from the locality, so many issues of threat will be there if the school will be located in the isolated place, therefore, the present writ petition has been filed.
13. In addition to the aforesaid ground, the learned counsel appearing for the petitioner, has submitted that the Central Government is also the stake holder and the scheme has been implemented as a Central Sector Scheme 17 and once the site has been located, then it was the bounden duty of the State authorities to make communication to the Central Government regarding shifting of the locality.
14. The issue has also been raised on behalf of the petitioner regarding the 'consent' or 'information' by the State Government before shifting of the identified location for construction of the school which has been earmarked based upon which the fund has been allocated by the Ministry of Tribal Affairs, Government of India.
15. Learned counsel for the petitioner has pointed out from the pleading made in the writ petition that the requirement for establishing the Eklavya School under EMRS Scheme is the identification of the land which is to be based upon the majority consensus of the Gram Sabha. The Gram Sabha has consciously agreed for construction of the School in the aforesaid area basis upon which the amount has been sanctioned by the Central Government for construction of the said School but the State Government took decision of shifting vide decision dated 24.12.2021, without seeking any approval from the Gram Sabha.
16. The issue of committing delay of 11 years has also been raised.
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17. Mr. Ashutosh Anand, learned Additional Advocate General-III, appearing for the State, has tried to impress upon the Court by referring to various paragraphs of the counter affidavit dated 12.01.2024 but he has conceded that there is no statement to the effect that there is prior information or consent of the Central Government or even there is no averment that the same is not required to be obtained by the State Government.
18. Further, there is no averment that once the land has been transferred in favour of the Welfare Department of the State Government by the order of the Deputy Commissioner then instead of maintaining the law and order situation why it has been decided to shift it to another place.
19. Therefore, the learned State counsel has sought for time to file further affidavit.
20. Considering the aforesaid fact, this Court is of the view that the matter needs to be adjourned and accordingly, the matter is being adjourned so that the affidavit on behalf of the State answering the following queries :-
(i) Let the entire EMRS Scheme be brought on record for better appreciation of the factual aspect as involved in the instant case.19
(ii) While identifying the land before transfer for the purpose of construction of Eklavya Model Residential School (EMRS) sometime in the year 2010, basis upon which the Deputy Commissioner has transferred the land in favour of Welfare Department, whether the same was with the concurrence of the Central Government or any information was furnished to the Central Government.
(ii) Whether the sanction of the amount by the Central Government for the purpose of construction was on the basis of the identified land?
In order to answer the issue, the entire decision of construction of the said school be brought on record along with the relevant documents.
(iv) The date of commencement of construction over the land and to what extent the construction has been made.
(v) If the decision has been taken to shift the land to another place then how the public money which has been spent in the identified land, i.e., Khata No.243 from Plot No.3037, Thana No.59 in village Silagai, will be compensated which has exclusively come from the Central Exchequer.
(vi) Whether the concerned Ministry of Central Government has been given due information in this 20 regard, if yes, copy of the said communication is to be brought on record.
It is necessary for the reason that public money, if spent, the same is to be given due care so that there may not be any loss to the public exchequer.
(vii) Although copy of the F.I.R. has been appended along with the copy of the chargesheet, but there is no imputation against the chargesheeted accused persons regarding destruction of the public property which is contrary to the public interest at large.
21. Let an explanation be furnished in this regard as to why the ingredients of destruction of public property has not been imputed when the admitted case of the State is that unsocial elements have demolished the construction already made therein and they have also named some of the persons in the F.I.R. and chargesheeted them.
22. There is no explanation that why delay of 11 years is there while the spirit of the Scheme under EMRS is to have the Eklavya Model Residential Schools to impart education to the Scheduled Tribe (ST) students living in the remote areas of the State as a pioneer project to bring the Scheduled Tribe people at par with the general population so as to achieve the improved literacy rate across the country.
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23. The State is also required to answer by appending the copy of the decision of the Gram Sabha in relation to selection of the land for construction of the School, i.e., consensus of the Gram Sabha held prior to the decision of construction of the said School, if any, basis upon which the Deputy Commissioner, Ranchi has transferred the land in favour of the Welfare Department of the State Government vide letter No.450 dated 04.08.2010 as also the decision of the Gram Sabha basis upon which the decision was taken to shift the locality to have construction of the School in different area where the Government has also started construction.
24. The aforesaid queries are to be responded by the State by way of an affidavit so as to reach to this Court on or before the next date of hearing.
25. This Court also deems it fit and proper, since it is Central Government sponsored scheme, that the concerned Ministry through the Secretary of the Central Government is a necessary party.
26. Accordingly, learned counsel for the petitioner is directed to implead the Secretary, Ministry of Tribal Affairs, Government of India, as Respondent No.5, in course of the day.
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27. Let the name of Mr. Anil Kumar, learned Additional Solicitor General of India, be reflected in the daily cause list.
28. Two affidavits have been filed by learned counsel for the petitioner personally.
29. It is evident from the aforesaid affidavit that the day when the case was listed for hearing in this Court, i.e., on 16.01.2024, all efforts were taken by the unsocial elements not to allow the learned counsel to come out from his house so as to create hurdle in deciding the case.
30. The method for doing that was that the street adjacent to the house of the learned counsel for the petitioner was blocked by parking the vehicle illegally. The same has been tried to be strengthened by appending the copy of the photographs.
31. In another affidavit, it has been stated that the said incident has been brought to the notice of the Director General of Police, Jharkhand, Senior Superintendent of Police, Ranchi and S.P., Traffic, Ranchi through e-mail.
32. Learned counsel for the petitioner, by referring to the order dated 16.01.2024, has submitted that since he is representing the case of the litigant concerned, the petitioner herein, he was intentionally obstructed from coming out of his house and that is the reason delay was caused in attending the case.
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33. Let a separate affidavit be filed on the aforesaid issue, to be sworn by the Senior Superintendent of Police, Ranchi personally, on or before the next date of hearing.
34. This Court, considering the issue and that the said incidence does not occur again as also to put check upon the unsocial elements of the locality, is making it clear that if any untoward incidence will happen, the Senior Superintendent of Police, Ranchi will be personally responsible for the same.
35. List this matter on 05.02.2024.
(Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Birendra/