Allahabad High Court
R.P. M. Degree College Kota Road Hathras ... vs State Of U.P.Thro. Prin. Secy.Social ... on 27 April, 2023
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - C No. - 1004723 of 2011 Petitioner :- R.P. M. Degree College Kota Road Hathras Distt. Mahamaya Respondent :- State Of U.P.Thro. Prin. Secy.Social Selfare Civil Secretar Counsel for Petitioner :- Pratyush Tripathi Counsel for Respondent :- C.S.C.,Chetan Sharma,Padmesh Jain Hon'ble Vivek Chaudhary,J.
Heard learned counsel for parties.
Petitioner has approached this Court challenging the order dated 31.05.2011 whereby directions are issued to recover certain amount from the petitioner which was given to the petitioner-Institution as student scholarship for General and Scheduled Castes quota, and further order dated 11.07.2011, 18.07.2011 and 30.07.2011, again directing for its recovery.
Learned counsel for petitioner submits that all the orders passed against the petitioner are without giving any notice or opportunity of hearing to petitioner, therefore, the said orders are bad and are liable to be set aside. He further submits that institution is duly recognized and all the scholarship amount was duly given to students/ adjusted towards students' fees.
Learned Standing Counsel states that a show cause notice was given to petitioner on 21.06.2011 and petitioner also submitted his reply on 27.06.2011. Perusal of the impugned orders show that neither the show cause notice nor the reply submitted by the petitioner is even referred to in any of the impugned orders.
Thus, on the face of it, impugned orders are passed without any notice or opportunity of hearing, therefore, cannot stand. Further, in view of the submissions of learned counsel for petitioner, the amount of scholarship was used as per the terms of scholarship with regard to students entitled, petitioner is not liable to return any such amount. Since impugned orders are passed without giving any opportunity of hearing or notice, hence, impugned orders dated 31.05.2011, 1.07.2011, 18.07.2011 and 37.07.2011 are set aside.
It shall be open for respondents, in case so desire, for passing appropriate orders for recovery of amount after giving proper opportunity of hearing.
With the aforesaid, writ petition is allowed.
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[Vivek Chaudhary J.] Order Date :- 27.4.2023
-Amit K-