WP(C) 6303/2010 BEFORE THE HON’BLE MR JUSTICE T. VAIPHEI Heard Mr. N.H. Mazarbhuiya, learned Counsel for the petitioners and Mr. G. Soren, learned Govt. Advocate representing the State respondents and Mrs. P. Gogoi, learned CGSC appearing for Union of India. In view of the nature of grievance projected by the writ petitioners numbering 2 5 of them, this writ petition can be disposed of at the motion stage itself and without issuing formal notice to the remaining respondents. As per the recommend ation of the Sachar Committee, a special package for economic upliftment of the notified minority communities of India in the name and style of ’Multi-Sectora l Development Programme for minorities’ (MSDP) was launched by the Government of India in the year 2008-2009 covering 90 minority concentration districts of India. A sum of Rs. 11,01,36,000/- (Rupees 11 crores 1 lack and 36 thousand) on ly has been sanctioned for Hailakandi District by the Government of India in th e Ministry of Minority Affairs in the first phase of the scheme for constructio n of IAY houses for the minority communities living below poverty line. This is found at the letter dated 20.8.2009 issued by the Ministry of Minority Affairs. One direction was also issued for implementation of this scheme in terms of the IAY guidelines. The Ministry of Rural Development, Govt. of India had issued a g uideline for IAY (Indira Awaas Yojana) w.e.f. 1.4.2004, which is still in for ce, Clause 2.1 of the said guideline is relevant for this decision, which reads thus :- 2.1 Identification of beneficiaries : The District Panchayat/ Zilla Panchayat/ District Rural Development Agencies (DR DA) on the basis of allocations made and targets fixed shall decide the number o f houses to be constructed/ upgraded Panchayat wise under IAY, during a particul ar financial year. The same shall be intimated to the Gram Panchayat concerned. Thereafter, the Gram Sabha will select the beneficiaries from the list of eligib le BPL households, restricting this number to the target allotted as per the Pro gramme Guidelines. Selection by the Gram Sabha is final. No approval by a higher body is required. Zilla Parishads/ DRDAs and Block Development Offices should h owever, be sent a list of selected beneficiaries for their information. The paragraphs extracted above abundantly makes it clear that it is for the District Panchayat / Zilla Panchayat/ District Rural Development Agencies (D RDA) to decide the number of houses to be constructed/ upgraded on panchayat bas is under IAY during the current financial year, which shall then be intimated to the Gaon Panchayat concerned and that the Gram Sabha will select the beneficiar ies from the list of eligible BPL households restricting this number to the targ et allotted as per the Programme Guidelines. The aforesaid paragraph also makes it ample clear that such selection is final and no approval by a higher body wou ld be required. In spite of the aforesaid guidelines, it would appear that the selection of beneficiaries under the scheme in question has been undertaken by r espondent Nos. 5,6 and 7 who are admittedly not functioning as Gram Sabha. The c ourse of action adopted by the respondent Nos. 5,6 and 7 is ultra vires, the gu idelines issued by the Central Government which calls for interference of this C ourt. For what has been stated above, this writ petition stands disposed of by directing the State respondents to ensure that the selection of beneficiaries u nder the MSDP Scheme is done by the concerned Gram Sabha strictly in accordance with the guidelines applicable to Indira Awaas Yojana (IAY) as indicated by the guidelines of MSDP. The writ petition stands disposed of. No costs.