Court No. - 39 Case :- WRIT - C No. - 5852 of 2010 Petitioner :- C/M Kriti National Con. Sch. Jatpura Thr Man. S. Kumar 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 order 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 he had filed a detailed representation
dated 22nd January, 2010 to the District Social Welfare Officer,
Etawah along with the relevant documents but no order has been
passed and the amount is sought to be recovered from the
petitioners.
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 has filed a
representation dated 22nd January, 2010.
Learned Standing Counsel appearing the respondents states that
the District Social Welfare Officer shall examine the
representation filed by the petitioners and pass an appropriate
order expeditiously.
In view of the aforesaid, the writ petition is disposed of with a
direction to the District Social Welfare Officer, Etawah to examine
the representation dated 22nd January, 2010 filed by the petitioner
and pass an appropriate order expeditiously, preferably within a
period of two weeks from the date a certified copy of this order is
produced by the petitioner before the District Social Welfare
Officer, Etawah.
For a period of two 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