The petitioner is the Secretary of the Managing Committee of an Educational Agency, under whom some educational institutions are being run. During 1994- 95, the Central Government launched a programme-"Area Intensive Programme' by which financial assistance was provided to minority communities in identified areas for establishing educational institutions. It was accordingly that the petitioner also submitted an application and after considering the credentials , the concerned respondent released a sum of Rs. 1.8 lakhs as first installment in the year 1994 for establishing an L.P. School at Thrikkanapuram in Kuttippuram. Later, the second installment of an equal amount was granted in the year 1997, thus taking the total of Rs. 3.6 lakhs as Central Government Grant. Utilising the said amount, construction was effected and an LP. School was started. The case of the petitioner is that subsequently, the petitioner had to continue the School as a CBSE School and while so, at the instance of third respondent/Deputy Director of Education , the petitioner was W.P.(C)No.30432 OF 2014 2 served with Ext. P1 communication dated 15.12.2007, asking for an explanation and to re-pay the amount already obtained as grant. The petitioner submitted Ext.P2 explanation. But since the petitioner was confronted with the revenue recovery proceedings, as per Ext.P3 notice, the petitioner approached this Court by filing W.P.(C)No.31962 of 2013, which was disposed of as per Ext.P5 judgment, directing the third respondent/Deputy Director of Education to consider the representation/objection and pass appropriate orders. It was accordingly that the matter was considered by the third respondent/Dy.Director of Education, who passed Ext.P6 order dated 17.02.2014 rejecting the claim of the petitioner and instructing him to satisfy the due amount. The petitioner has approached the first respondent/State with further grievance by way of Ext.P7 and the prayer is to cause the same to be considered and disposed of .
2. Heard the learned Government Pleader as well, who submits that there is absolutely no merit or bonafides in the writ petition and that the funds made available to the petitioner have been misutilized, since the petitioner admittedly is running W.P.(C)No.30432 OF 2014 3 CBSE School, whereas the purpose was to establish and to maintain an LP. School intended for the beneficiaries of the such school in the locality. In any view of the matter, since the petitioner has already approached the first respondent by moving Ext. P7 representation, this Court finds it fit and proper to direct the first respondent/Secretary, General Education to consider and pass appropriate orders thereon. This shall be, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the judgment. Coercive proceedings shall be kept in abeyance till such time on condition that the petitioner deposits 50% of the due amount as on date within two weeks. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent/Secretary, General Education Department for further steps.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE lk