Allahabad High Court
C/M Jyotirma Saraswati Shishu Shiksha ... vs State Of U.P. Thru Sec. Basic Edu. Lko. ... on 4 February, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 5868 of 2010 Petitioner :- C/M Jyotirma Saraswati Shishu Shiksha Ni. Thr Man. M. Singh Respondent :- State Of U.P. Thru Sec. Basic Edu. Lko. And Others Petitioner Counsel :- Indra Raj Singh Respondent Counsel :- C.S.C.,H.V. Srivastava Hon'ble Dilip Gupta,J.
The petitioner has sought the quashing of the orders dated 7th January, 2010 passed by the District Social Welfare Officer, Etawah against the petitioner for recovery of the amount disbursed as scholarship to the students since it was found that the Institution does not exist.
Sri Indra Raj Singh, learned counsel appearing for the petitioner submitted that in fact the Institution is running at a different place and the scholarship amount had actually been distributed to the students. He submits that the petitioner shall file a detailed representation to the District Social Welfare Officer, Etawah along with the relevant documents but the amount may not be recovered from the petitioner till it is decided.
Learned Standing Counsel appears for respondent nos.1, 2, 3 and 5, while Sri H.V. Srivastava appears for respondent no.4.
The fact as to whether the Institution actually exists and whether the scholarship amount was distributed has to be examined by the District Social Welfare Officer. The petitioner may, therefore, file a representation before the District Social Welfare Officer.
Learned Standing Counsel appearing the respondents states that in the event the representation is filed by the petitioner, the District Social Welfare Officer shall examine the same and pass an appropriate order expeditiously.
In view of the aforesaid, the writ petition is disposed of with a direction that in the event the petitioner files a representation before the District Social Welfare Officer, Etawah within one week from today, he shall examine the same and pass an appropriate order within a period of two weeks from the date the representation alongwith a certified copy of this order is filed by the petitioner before the District Social Welfare Officer, Etawah.
For a period of three weeks or till the representation is decided, whichever is earlier, no coercive steps shall be taken against the petitioner for recovery of the amount.
It is made clear that the Court has not adjudicated upon the merits of the case which shall be examined by the District Social Welfare Officer in accordance with law.
Order Date :- 4.2.2010 SK