Court No. - 39 Case :- WRIT - C No. - 3010 of 2010 Petitioner :- C/M, Shiv Shakti Vidya Mandir Respondent :- State Of U.P. & 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 10th
December, 2009, 18th December, 2009 and 23rd December, 2009
passed by the District Basic Education Officer, Etawah, District
Social Welfare Officer, Etawah and District Backward Welfare
Officer, Etawah respectively 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, 5
and 6, 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 :- 22.1.2010
SK