RESIDENTS OF CHAPORTE BALA through Representatives Versus RESIDENTS OF CHAPROTE PAIN through Representatives Muhammad Issa

ORDER

1. Mr. Sohail Saqlain, Secretary Health holding the acting charge of Secretary Education Northern Areas assisted by Deputy Secretary Education and Director Education has stated that the Site Selection Committee having been not properly constituted in terms of circular letter dated 2-6-2003 issued by the Provincial Govt. Northern Areas was not competent to change the site of School and the objection of the petitioner in this behalf in principle is correct.

2. The perusal of circular letter dated 2-6-2003, and the position explained by the Secretary Education, would unambiguously show that the site Selection Committee acting beyond the scope of its power and jurisdiction changed the site but in view of the fact that the contract for construction of building at the site in question having been awarded, the mobilization advance to the tune of Rupees two lac, has also been paid to the contractor, again change of site at this stage would be extra burden on the exchequer and would also be not in pubic interest. The Secretary realizing the situation, has stated that instead of disturbing the construction of School building at the present site, the Govt. will also upgrade the Chaprote Bala Primary School to Middle standard in Annual Development Programe of the current financial year and required funds will accordingly be allocated for construction of Middle School at Chaprote Bala. Mr. Asad Zamin Additional Deputy Commissioner appearing for D.C. Gilgit has no objection to the upgradation of School of Chaprote Bala and its inclusion in ADP for construction of building.

3. The learned counsel for petitioner being satisfied with the proposal, has agreed for disposal of this petition in terms thereof, order accordingly.

4. However, the learned counsel for the petitioner has laid much stress on the proposition that non-composition of Site Selection Committee, in terms of circular letter 2-6-2003 on the subject in future may create complication and lead to unnecessary litigation, at the cost of public inconvenience and burden oh exchequer. The objection of learned counsel is quite reasonable as the Site Selection Committee must not be constituted beyond the scope of the instructions contained in circular letter dated 2-6-2003. The improper composition of Committee may not be competent to select the site therefore, the exercise in this behalf would be futility in law.

5. It is therefore directed that in future Site Selection Committee must be constituted in terms of the above circular letter, failing which the member of improper constituted committee individually as well as collectively will be responsible for the loss caused to the exchequer and will also be liabel for disciplinary action.

6. The Chief Secretary Northern Areas, will issue instruction to all concerned for strict compliance of the circular letter dated 2-6-2003 and in case of violation thereof will take appropriate action in accordance with law.

7. In view of the statement made by the Secretary Health holding acting charge of Secretary Education, the learned counsel for petitioner does not further press their petition which stands disposed of accordingly.

8. M.H./17/Glt. Order accordingly.