Court No. - 5
Case :- WRIT - C No. - 24666 of 2015 Petitioner :- C/M Rampur Shiksha Vikas Samiti Gram Rampur And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Chandra Dwivedi,Ashwani Kumar Mishra,Col. Shiv Das Tiwari Counsel for Respondent :- C.S.C.,P.D. Tripathi Hon'ble Ashok Kumar,J.
Rejoinder affidavit filed today be taken on record.
Heard learned counsel for the petitioner and Sri S.K. Mishra, learned standing counsel for the respondents.
Learned standing counsel has placed reliance on a personal affidavit filed by Smt. Priti Shukla, Secretary, Secondary Education, Government of U.P. Annexure C.A.-3 of the personal affidavit is a letter issued by the Secretary dated 21.1.2019. The contents of the letter dated 21.1.2019 clearly indicates that the first instalment of grant in aid was disbursed to the petitioner institution in 1997 and the second instalment of Rs.5,00,000/- has been sanctioned. For disbursement of the said amount of second instalment a three members committee has been constituted under the chairmanship of Regional Joint Director of Education, Prayagraj and the said committee was directed to submit its report within 15 days from the date of order dated 31.1.2019.
Learned standing counsel therefore has submitted that the decision must have been taken by the committee constituted by the Secretary and in case if the decision is not yet taken two weeks' time be allowed to the said committee to submit its report.
Considering the submissions of learned counsel for the parties, this Court proposes to dispose of the present writ petition by directing the Secretary, Secondary Education, Government of U.P. to call for the report of the committee forthwith and pass an appropriate orders strictly in accordance with law preferably on or before 25th March 2019 and if the claim of the petitioners institution is found genuine the amount of second instalment be disbursed to the petitioner institution by 31st March 2019.
In case if the amount due as second instalment to the petitioner institution will not be paid to the petitioner and in case there would be any fault in the hands of the respondents, the concern respondent will pay the interest due till the date payment is made.
The writ petition is disposed of.
Order Date :- 27.2.2019 S.S.