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2014 DIGILAW 1200 (ALL)

Shiv Kumar Mangala v. Chief Secretary, State of U. P.

2014-04-15

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. The petition has been filed in the public interest. The grievance is that amounts which have been received in respect of scholarship for students from Class I to VIII from the years 2005 until 2012 have not been disbursed by the Institution concerned to the students. 2. The Institution in question is Maharaja Agresen Saraswati Shishu/Vidhya Mandir, Gautam Budh Nagar. The petitioner has relied on several affidavits filed by the guardians or the parents at Annexure-6 stating that though the amounts have been shown to have been received by the Institution, no scholarships have been disbursed to their wards. 3. Since the Institution is not before the Court, we are not expressing any view on the merits of the grievance. However, the averments which have been contained in the petition and the material which has been annexed to the petition would require due verification and inquiry by the District Basic Education Officer. 4. Hence, we direct the District Basic Education Officer, Gautam Budh Nagar to cause an inquiry to be made into the allegations contained in the petition within a period of three months of the receipt of a certified copy of this order accompanied by a comprehensive representation which we permit the petitioner to file. The District Basic Education Officer shall necessarily afford to the Management of the Institution a reasonable opportunity of being heard for the purpose of establishing from its record whether the scholarships which were received have been duly disbursed. A reasoned order shall thereafter be passed by the District Basic Education Officer within the time stipulated above. 5. The writ petition is, accordingly, disposed of.