- (1.)The present petition has been filed by the petitioner that is Village Welfare Committee challenging the order dated 5th of March, 2013 issued by Zonal Education Officer, Vailoo authorizing the Village Education Committee of PS G.B. Kherpeth to start the work for the primary school GB Kherpeth through Abdul Karim land owner. It is stated that the aforementioned order has been obtained by practicing fraud inasmuch as, on the date of the passing of order impugned, Abdul Karim was already dead having expired on 17.6.2012. The allegations are that private respondent No. 5 son of erstwhile member of the Village Education Committee namely Abdul Karim has in fact obtained the order with a view to get pecuniary benefit from the construction in question.
(2.)Objections have been filed wherein it is not denied that on the date of the order impugned, the said Abdul Karim land owner who had provided the land for construction of the school was already dead. It is further stated that the work for construction of the works on the primary school has now been allotted to Gh. Qadir for execution and work order has been issued in his favour in good faith.
(3.)Among others, the Sarva Shiksha Abhiyan (for short SSA) also specifically envisages how the funds have to be utilized for purposes of upgradation, maintenance and repair of schools. The relevant portion of the SSA Scheme is reproduced as under:-
"All funds to be used for upgradation, maintenance, repair of schools and Teaching Learning Equipment and local management to be transferred to VECs/School Management Committees/Gram Panchayat/or any other village/school level arrangement for decentralization adopted by that particular State/UT. The village/school based body may make a resolution regarding the best way of procurement."