President of United Tibetans Tenzin Sangmo (fourth right), with other members of the group, handing out documents asking the Tibetan Parliament-in-exile and the Kashag to take action against Dawa Tsering to hand over the Yongling Kindergarten to the Central Tibetan Administration according to court order, in Dharamshala, India, on 19 September 2017. Tibet Sun/Lobsang Wangyal
By Lobsang Wangyal
McLEOD GANJ, India, 19 September 2017
The unresolved issue of the ownership of Yongling Kindergarten has once again come to haunt member of Tibetan Parliament-in-exile Dawa Tsering.
The group “United Tibetans” demanded that the Tibetan Parliament-in-exile and the Kashag (the Cabinet of the Central Tibetan Administration) take action against Dawa Tsering, who has been ordered by court to hand over public property that he had appropriated.
A statement distributed by the members of the group said that member of Parliament Dawa Tsering has been holding the Yongling Kindergarten as his personal property despite orders from Indian and Tibetan courts to hand it over to the Central Tibetan Administration.
Speaking to Tibet Sun before the Parliament session began, the President of the group, Tenzin Sangmo, from Dehra Dun said, “We have nothing personal against Dawa Tsering.”
“We are here to tell the Parliament and Kashag to take action against Dawa Tsering because we would like to have a transparent and clean Central Tibetan Administration. This is what both the Tibetans inside and outside Tibet hope for.”
She added that the group she is leading is made up of 2,660 exile Tibetans from different parts of the world.
Judgements by the Tibetan court in Dharamshala in 2004 and the District Court Dharamshala in 2011 said that Dawa Tsering had no right to own and manage the property, as it belonged to the Tibetan community, and that the occupied public property must be handed over to the CTA.
Despite the Tibetan and Indian court orders to hand over the property, Dawa Tsering continues to claim the ownership of the property housing the kindergarten.
According to a petition on Change.org, Dawa Tsering claimed that he had volunteered and started the school alone, but according to a Tibetan lawyer, Pasang Tsewang, who brought Dawa Tsering to court, the Yongling Kindergarten was started by a group of exile Tibetans in McLeod Ganj to help the community.
The members of the group lamented that the members of the exile Parliament paid no attention to take action against Dawa Tsering despite the court orders, and said that they will continue with their fight and activities until the issue is resolved.
Nobody is denying that Dawa Tsering did a lot for the community. But Just because of having worked for the community if he takes over a
public property, then what about those who have worked like him, or others who have done more? Could they just occupy public property?
Someone has mentioned about Juchen Thupten occupying his official residence after his retirement. I think he didn’t move to the retirement house allotted to retirees. But he didn’t claim ownership of that residence. This residence has now become a new staff quarters of the CTA. He moved to Chauntra to his new house. Whereas Dawa Tsering claims he owns Yongling. There is no comparison between the two.
Chithue Tenpa Yarphel withdrew the part that he said Gadhen Phodrang gave award to Dawa Tsering. Rest he didn’t withdraw. He still believe that Dawa Tsering is a corrupt and illegally occupying Yongling school. Courts have proved that. What more evidence is required?
I think it’s only a matter of time before he will have to move out of Yongling. Truth will prevail.
The fact that two courts are toothless simply means that Dawa Tsering has all the legal documents to prove that yongling school building and plot belongs to him. Home minister is right CTA can do nothing about it. The entire drama is brought up for 9 years is due to khampa regional politics and jealousy.
For example late sikyong juchen Thupten namgyal finished his term in 1992 yet he did not give back his official residence to CTA and is still occupied by his daughter MP juchen kunchok. But nobody raises this issue. Why?
Two courts have found their ruling against Dawa Tsering. He has no legal documents to prove his ownership. the issue is one of enforcement.
Now fresh legal ventures will be made to kick this thief in the teeth, and restore the property to Tibetan community.
How is it possible for him to own Yongling? The sum total of his entire life saving from his salary (assuming he made 20,000 INR) will not add up to even $50,000.
Those people distributing pamphlets baffle me. This creates publicity. But this won’t go anywhere in getting the school back to CTA.
As suggested by a commentator, the best option is to file a CONTEMPT OF COURT suit.
From where did Dawa Tsering got all that money to buy the land and to build such a huge building as he was only a Welfare Officer, drawing a salary at the most 10,000 rupees a month. Before that he worked as a peon. Imagine his salary doing that.
In any case, it has been proven by two courts that he is illegally occupying the property. Dawa Tsering, over the years has become owner of so many properties in McLeod Ganj. It is well known that he occupied properties of people those who died but didn’t have any children or relatives. He has enough properties and money to live the rest of his life comfortably. He doesn’t need Yongling any more. If he is sensible, he should hand it over.
Dawa Tsering has infringed the court order, and the issue is coming back to haunt him all the time. Now, if he really doesn’t want to hand over, the people who are after him should file a contempt of court petition. There surely will be an action, that may even lead to his imprisonment with heavy fines.
Looks like time is running out for Dawa Tsering. If he is clever, he should hand over as soon as possible before he faces such a bad situation. He will become a hero, rather than seen in a bad light. I will respect him for that.
As far as my knowledge is concerned he start Yongling school with the aim to keep children of business families going for winter sweater business and gradually now it comes to full school. However he start that Yongling when he was welfare officer of Dhasa. So what ever he has done and is due to his designate of Tibetan Welfare Officer of Dhasa. So he should hand over Yongling school also when he handover his welfare officer job to next officer.
dawa tsering thinks that his theft of yongling could be excused by his community service.
but these are just smoke and mirror excercise by conjurer dawa tsering.
Yongling premise could well be worth over $1 million. So this is a very serious case.
dawa tsering should be taken to Supreme Court of India by raising funds for lawsuit via a highly publicised campaign.