Court No. - 21 Case :- WRIT - C No. - 48062 of 2010 Petitioner :- C/M Adarsh Shiksha Samiti Syora And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Prabhakar Awasthi Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Connect with Civil Misc. Writ Petition No. 42325 of 2009.
Learned Standing Counsel represents respondent nos. 1 to
4.
Issue notice to respondent nos. 5 and 6 fixing 21st
September, 2010 as the date.
Petitioner to take steps within a week.
All the respondents may file counter affidavit by the next
date fixed.
List on the date fixed.
On behalf of the petitioner it is stated that under the
Government Order dated 31st May, 1995, the State
Government came out with a proposal for establishing
women colleges in Asevit Development Blocks and Sevit
Development Blocks with the help of the State Government.
Petitioner’s institution made an application for the purpose,
which was processed and ultimately, petitioners’ institution
was found eligible for establishing a girls college. Orders
were issued for the money being released for the purpose by
the State Government. However, before actual payment
could be received, on the asking of respondent no.5, who is
Cabinet Minister in the State of Uttar Pradesh, certain
objections were raised qua the place where the institution
was to be established with specific reference to the
particular caste of persons residing in that area and on that
basis the money which was earlier sanctioned in favour of
the petitioners’ institution was withheld. Petitioners therefore,
approached this Court by means of Civil Misc. Writ Petition
No. 42325 of 2009, wherein interim order was granted on
19th August, 2009 directing that the authorities may consider
any other place for establishment of the institution but they
shall not take any final decision till the next date of listing of
the writ petition. According to the petitioners, interim order
has been extended from time to time. Despite the aforesaid,
respondent no.2 under the impugned order dated 11th May,
2010 has selected the institution run by the wife of the
Cabinet Minister i.e. respondent no.5, as manager for
allotment of Rs. 10,00,000/- for establishing a girls
institution. Learned counsel for the petitioner submits that
entire exercise is mala fide and even otherwise in teeth of
the interim order of this Court dated 19th August, 2009
referred to above.
Matter does enquiry by this Court.
Till the next date of listing, no money shall be released in
terms of the order dated 11th May, 2010 in favour of
respondent no.6.
(Arun Tandon, J.)
Order Date :- 12.8.2010
Sushil/-