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| College in CM’s village: Bhim gets construction stayed | | | Earl Times Reporter
Jammu | June 6
On a Public Interest Litigation filed by the Panthers Party of Bhim Singh, the Jammu and Kashmir High Court has stayed construction work on two new degrees colleges including one in the Chief Minister Ghulam Nabi Azad’s native village.
A Division of Bench of Justice Justice Virender Singh and Justice JP Singh today ordered that till the matter comes-up for admission on the next date, the government will not go ahead with the raising of construction of two colleges at Village Dharmari and Village Kilhotran.
This order was passed in a PIL in which it has been submitted that the decision to open these two colleges taken-up by the respondents has been taken more for political ends than for fulfilling the needs of education of deserving areas Tehsil head-quarters have been ignored to benefit the local villages of Chief Minister and Other Ministers. The native village of the Chief Minister Kilhotran has been named for college. Similarly other college at Dharmari village of Minister of State Aijaz Ahmed Khan and seeking quashment of Govt order dated December 20, 2007 and Cabinet Decision December 14, 2007 whereby sanction has been accorded. Earlier DB on June 3, 2008 issued notice all the respondents including Chief Minister (MLA Bhaderwah) and Mr. Aijaz Ahmed Khan (MLA Gool, Arnas) Minister of State.
Today the Division Bench after hearing Adv HC Jalmeria appearing for PIL and AAG BS Salathia appearing for the State respondents observed that the petitioner seeks a writ of certiorari for the quashment of Govt order dated December 20, 2007 in so far as setting-up two New Govt Degree colleges at Village Dharmari in Reasi District and Kilhotran in District Doda is concerned projecting the grouse that the same have been selected at the behest of Chief Minister respondent No 3 and Minister of state respondent No 4 in the PIL, arbitrarily on pick and choose basis by adopting unjustifiable and irrational approach. In the CMP the petitioner seeks interim relief praying that operation of the aforesaid order in so far as it pertained to the two colleges Dharmari and Kilhotran villages by stayed.
DB further observed that despite seeking time to furnish a detailed report with regard to all the 18 Govt Degree Colleges including the colleges of Dharmari and Kilhotran reply has been filed, submitted that he reserves his right to file a detailed reply to the main petition and contended that short reply may also be considered as reply/ objections to the CMP. DB at this stage taken-up CMP and put a specific enquiry as to what were the good reasons for setting-up of two new Govt Degree colleges at Villages Dharmari and Kilhotran and not at the Tehsil head-quarters, whereas all other 16 colleges have been ordered to be set-up at Tehsil/District Head-quarters. AAG is not in a position to satisfactorily respond to this query, however, in his half-hearted attempt, submitted that it was a policy decision taken by the Stage, which cannot be questioned at this stage. Strengthening his arguments on this aspect he submitted that even the petition in its present form is not maintainable for the reason that the petitioner has some different motive. On the point of maintainability of the petition AAG referred various judgments of Apex Court.
Upon this DB said that to be fair to Mr. Salathia, the judgments relied upon by him would be considered when the main petition is taken-up for consideration on the point of admission. Since detailed reply has not submitted pursuant to order of June 4, 2006, DB defer the consideration of the petition for its admission or otherwise and grant yet another opportunity to him to place on record such material which he may like to produce to justify the order impugned. DB however, of the view that till the matter comes-up for admission on the next date, the respondents shall not go ahead with the raising of construction of Degree colleges at Village Dharmari and Kilhotran. |
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