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| DB directs Union HRD Ministry to file reply within four weeks | | PIL regarding Model Degree College at block level | | Early Times Report
jammu, Dec 19: Division Bench of J&K High Court Jammu Wing in a Public Interest Litigation (PIL) regarding centrally sponsored scheme setting-up Model Degree College in District Udhampur at blocks and directed Union Ministry of Human Resources to file better reply within four weeks.
Division Bench of J&K High Court Jammu Wing comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh in a Public Interest Litigation regarding Centrally Sponsored Scheme setting-up Model Degree College in District Udhampur though the blocks identified were Arnas, Gool and Mahore, the state Govt was not competent to shift the District from Udhampur to Reasi on the ground that the Block Mahore falls within the bifurcated District Reasi and directed Union Ministry of Human Resources to file better reply within four weeks.
While directing the Union of India, the Division Bench observed that the Law Officer appearing for the Higher Education Dept has placed all required details before this Court relating to the issues raised in the writ petition. The Law Officer appearing for the Higher Education Dept contended that since the block Mahore was identified along with Arnas and Gool by the Union of India, merely because they do not fall under District Udhampur, the State Government's initiation for setting up the college in its proceedings dated June 26, 2011 at Block Mahore in district Reasi cannot be interfered with.
Upon this Division Bench further observed that though find some substance in the said stand made on behalf of State respondents, when Court perused the reply filed on behalf of HRD Ministry and also on perusing the letter of HRD Ministry dated September 26, 2011, DB further finds that the stand of HRD Ministry was not fully supported with reference to the controversy raised in this writ petition. In the reply filed to the writ petition by the HRD Ministry, it is stated by way of reiteration that under the centrally sponsored Scheme eleven educationally backward districts were identified in the State of J&K which included District Udhampur and except stating to that extent no other specific stand has been made in their reply. In other respects it is simply stated that they were all borne out by records. As per the letter the district has been taken as a fundamental unit of planning and sanctioning of the Model Degree College Scheme. The Scheme was sent to all the State Governments vide communication No. F.4-18/2007-UII (Vol.II) dated June 9, 2010 in which the list of 374 districts was communicated to all the State Governments. For the reasons cited in point 1 above, it would not have been possible for the Government of India to identify blocks for sanctioning the Model Degree Colleges since blocks are constituent units of districts and creation of new districts and bifurcating existing one is considered to be an on-going process."
Division Bench further observed that it is for the HRD Ministry to come forward with its definite stand by way of filing of reply to the writ petition as to whether they are prepared to approve the sanction made by the State Government for the block, namely, Mahore situated at district Reasi chosen by the State for granting the benefit under the Scheme for setting up the Model Degree College as per the State Government's order dated June 26, 2011. In the event the HRD Ministry stating in the affirmative, it should also state whether the State Government would be entitled to choose or identify any other block including Tehsil Majalta falling under the jurisdiction of District Udhampur where it is stated that there are ten higher secondary schools which needs setting up of Model Degree College in District Udhampur which would also cover the nearby district Samba. Upon this Division Bench directed the HRD Ministry to file its reply with reference to the above two aspects making his stand clear. (JNF) |
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