KV’s pool agreement is swimming in violations

By Yogesh Avasthi | Ahmedabad Mirror May 30, 2016, http://ahmedabadmirror.indiatimes.com/ahmedabad/cover-story/KVs-pool-agreement-is-swimming-in-violations/articleshow/52493436.cms

For the past two months, students of Kendriya Vidyalaya in Shahibaug are moping the loss of their swimming pool. The children can no longer access the 11-year-old pool constructed on campus. The school cancelled its contract with the pool's builder-cumcontractor after government auditors allegedly found that he had been benefitting from the pool more than the school did.

The school, which has around 2,500 students, had leased out its land for a commercial gym and swimming pool to Delhi-based Libas Investments under the condition that students interested in swimming would be able to access the facilities for free. However, in violation of the contract, the firm also allegedly built five shops on the premises. The contract was reportedly signed by K V Sangathan when OVS Shikarwar was the principal. Since then, the school has seen three principals but no one reportedly realised that the contract had been breached till the audit took place. While the contractor claimed everything had been done by the book, school authorities refused to comment on the issue.

FREE FOR STUDENTS

The audit was carried out in August 2015 for accounts filed between April 2011 and March 2015. The records revealed an agreement made between K V Shahibaug and Libas Investments Pvt Ltd (Dolphin Club) on April 2, 2004 to lease a portion of the campus for construction of a swimming pool and gymnasium on build, operate and transfer (BOT) basis. According to the records, the land was reportedly given free of charge under the condition that KV students (from Class 3 to Class 12) would receiving free training and coaching at the pool. The report states, "As per the agreement's clause 4.1(d), no fee is to be collected from exempted users. Besides, free training facilities is to be provided to school students."

IGNORANT OF FACILITY

A source close to the development, however, revealed that the school was unable to produce records to show how many students availed themselves of this facility. "The school could not provide records to auditors to show that the students had been informed about this facility in the first place. Interestingly, the school website lists a lot of facilities including the assembly stage, basketball ground, laboratories and even the entrance gate, but there is no mention or photograph of swimming pool/ facilities," the source added. The father of a Class 9 stu-dent, refusing to be named, said, "The school has a swimming pool but students are not taken for practice regularly." The mother of a student in Class 7, seeking anonymity, added, "It would

be great if students are taught swimming.

But the school has not been allowing kids to go to the pool for some time. We do not know the reason why." The auditors pointed out another glaring error in the agreement. The contract did not mention the lease period. In fact, the detail had been left blank even though the paper has been signed by both parties.

MORE VIOLATIONS

The agreement also reportedly made it clear that the project site should not be used for another purpose. "Despite this, the contractor built 4-5 extra rooms that were being used as shops and canteens," the source said. Moreover, the contract mentioned that the facilities could be used commercially up to one hour before school began and from an hour after school closed. "The school timings are from 8 am to 2 pm. The school begins at 8 am and closes at 2 pm. Hence, as per the condition, the pool-gym can be used for commercial purpose up to 7 am and after 3 pm.
Yet, the pool timings are from 6 am to 11am and from 5 pm to 9 pm. Also, the gym timings are from 6.30 am to 9 am then again from 5 pm to 9 pm. Hence, the club functions even during school hours. Interestingly, according to the audit report, the school had received a letter from Ahmedabad Municipal Corporation dated July 24, 2013, which indicates that the contractor had applied for regularisation of the unauthorized construction. The AMC has asked for the school's permission for approval of the unauthorized construction. This shows that not only was the construction illegal but school authorities were in the know of the issue. Meanwhile, Director Dolphin Club Mahesh Tripathi claimed there was no violation of the agreement.
"We kept to the terms of the agreement. After far as I know, the land was leased to us by K V Sangathan for 30 years. All other principals have given us a letter of appreciation. Despite this, KV Shahibaug has issued a termination letter to us. This is not valid as the principal has no authority to terminate the contract. The Sangathan has to do it. We are ready to coach students for free but the school has not sent anyone across recently." He further said, "There is nothing wrong in the agreement. We are trying to get it resolved at the earliest." When Mirror approached school, Principal Vinita Sharma refused to comment on the issue. Deputy Commissioner of KV Sangathan A P Bhalla also refused to comment and asked Mirrorto contact headquarters.