Court No. - 23 Case :- SERVICE SINGLE No. - 8109 of 2009 Petitioner :- Arun Kumar Tiwari S/O Shri Basant Kumar Tiwari Respondent :- State Of U.P.Through It'S Secretary Basic Education & Others Petitioner Counsel :- Mahendra Singh Rathore Respondent Counsel :- C.S.C.,Vishal Verma Hon'ble Shabihul Hasnain,J.
Heard Sri M. S. Rathore, learned counsel for the petitioner and Sri Vishal
Verma for the opposite party No.3.
Petitioner has challenged the order dated 6.7.2009 passed by Basic Shiksha
Adhikari, Gonda whereby a proposal sent by the Gram Shiksha Samiti has
been remanded back for re-consideration. Legal question for this Court to
consider in this petition on the argument of learned counsel for the petitioner
is whether the Basic Shiksha Adhikari under the circulations/government
orders has the power of reviewing any proposal made by the Gram Shiksha
Samiti and not forwarding it to the District Level Committee headed by the
District Magistrate.
Sri Vishal Verma has very earnestly argued that the power of verification and
scrutiny has been given to the Basic Shiksha Adhikari. This clause empowers
him to return any proposal of the Gram Shiksha Samiti back to it or review of
its decision.
Learned counsel for the petitioner has argued that a perusal of Clause-10 of
this government order does not give any such power to the Basic Shiksha
Adhikari. Basic Shiksha Adhikari can only verify and scrutinize the
documents. This limited power to the Basic Shiksha Adhikari can not be
enlarged to the extent that instead of forwarding the matter or the proposal to
the District Level Committee he can review the whole situation or to review
the whole proposal and come to the conclusion that the proposal has not been
passed in accordance with law and it needs to be reviewed by the Gram
Shiksha Samiti. This Court after consideration of the case comes to the
conclusion that argument of the petitioner counsel has some force and the
Basic Shiksha Adhikari does not have any such power to review the proposal
of the Gram Shiksha Samiti.
Accordingly, the petition is allowed. The impugned order dated 6.7.2009
contained in annexue-1, is hereby quashed and the Basic Shiksha Adhikari,
Gonda is directed to forward the proposal sent by the Gram Shiksha Samiti in
toto to the District Level Committee within ten days from the date this order
is brought to his knowledge.
Order Date :- 8.1.2010
RKM.