C/M Veerangna Jhalkari Bai Inter College and Another Vs State of U.P. and 5 Others

Court No. - 39

Case :- WRIT - C No. - 3072 of 2020

Petitioner :- C/M Veerangna Jhalkari Bai Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare (Senior Advocate),Vijay Singh Rathore Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Following orders were passed in the matter on 10.2.2020:-

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" An order passed by the Additional Secretary of the Board dated 6.1.2020 is challenged in this petition, whereby recognition granted to petitioner institution in certain subjects have been withdrawn. It is alleged in para-20 of the writ petition that the basis of the order is a report of the District Inspector of Schools, Jhansi dated 27.12.2018 as also the recommendation made by the Joint Director of Education on 20.9.2019 of the State Government. Contention is that none of these documents have been given to the petitioner. It is also submitted that the basis of cancelling the recognition is the implication of petitioner institution in an alleged case of embezzlement of scholarship money pertaining to the year 2001-2005 in respect of which a first information report is pending. Submission is that this can not be a ground for withdrawing the recognition.

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Learned Standing Counsel may obtain instructions on the aforesaid aspects.

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Post as fresh on 14.2.2020. "

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Learned Standing Counsel has obtained instructions, according to which serious allegations of misutilization of scholarship funds in the academic sessions 2001-2002, 2002-2003, 20032004 and 2004-2005 had surfaced against the institution. An enquiry is said to have been conducted and thereafter a First Information Report has also been lodged in the matter. It is for this reason that a decision has been taken to cancel the recognition granted to the High School and Intermediate Section to the institution concerned. According to respondents, there were widespread corruption reported on part of the institution and the facts were also verified in an enquiry report.

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From the perusal of the materials placed in the writ petition, as also the documents furnished on behalf of respondents by way of instructions, it is apparent that primary allegation made against the petitioner institution for withdrawing recognition is alleged act of misutilization of scholarship funds. On the basis of such fact finding investigation, a decision has been taken to lodge a First Information Report and the investigation is reported to be pending. It is always open for the authorities of the State to fix responsibility of persons, who have manipulated/embezzled the scholarship funds and to proceed

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against them in accordance with law. If such acts also constitute offence within the meaning of the Indian Penal Code, then appropriate criminal proceedings are also required to be initiated/pursued as per law. However, merely for this reason, the recognition granted earlier cannot be revoked, inasmuch as there is no allegation made in the enquiry report that the institution does not fulfil requisite criteria for the purposes of grant of recognition or that the recognition itself has been obtained on the strength of misrepresentation. Payment of scholarship or misutilization of fund is otherwise not a relevant factor for the purposes of grant or refusal of scholarship under the Act of 1921 or the regulations framed thereunder. It is further apparent that neither the copy of enquiry report dated 25.1.2019 has been furnished to the petitioner, nor an appropriate opportunity of hearing has been given to the institution concerned. The unilateral determination of petitioner's guilt as also the revocation of recognition, in such circumstances, is not found to be in accordance with law, and therefore, it cannot be sustained.

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Writ petition, consequently, succeeds and is allowed. Order dated 6.1.2020, contained in Annexure 15 to the writ petition, stands quashed. It would be open for the authorities to proceed against the persons found guilty for misutilizing/embezzling scholarship funds, in accordance with law. It would also be open for the respondents to furnish all materials that have been relied upon against the institution and proceed afresh, in light of the observations made above.

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Order Date :- 14.2.2020 Anil

C/M Veerangna Jhalkari Bai Inter College and Another v. State of U.P. and 5 Others

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C/M Veerangna Jhalkari Bai Inter College and Another v. State of U.P. and 5 Others

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