Hon’ble Sudhir Agarwal, J.—Heard Sri Devendra Pratap Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for respondents 1 to 6 and 8 and Sri Ram Kumar Verma, Advocate, for respondent 7.

2. This writ petition has been filed by Ambika Singh Uchchattar Madhyamik Vidyalaya, Raghunathnagar, Karan Chhapra, P.S. Dokti, District Ballia (hereinafter referred to as “Institution”) through its Manager Bachchaji Singh praying for issue of writ of certiorari quashing two recovery certificates dated 16.4.2015 issued by District Social Welfare Officer, Ballia (hereinafter referred to as “DSWO, Ballia”) seeking recovery of Rs. 1,45,560/- and Rs. 1,02,240/- towards the amount of scholarship on the ground that in the inspections made, the Institution was not found existing and therefore amount of scholarship in various years, has misappropriated by Manager/Principal.

3. The details of amounts of scholarship for Scheduled Caste, General candidates, as well as Other Backward Classes in various years, given in recovery order dated 16.4.2015, read as under:

Year	Scheduled Caste		General Category		Total
	Student No.	Amount	Student No.	Amount	Student No.	Amount
2007-08	-	-	7	5040	7	5040
2010-11	13	9360	43	30660	56	40320
2011-12	9	6480	33	23760	42	30240
2012-13	17	12240	66	47520	66	59760
2013-14	4	9000	23	16560	27	19440
		Total Sum			198	1,42,560

xxx xxx xxx

Year Student No. Disbursed amount for Backward Class

Year	Student No.	Disbursed amount for Backward Class
2010-11	30	21,600
2011-12	16	11,520
2012-13	72	51,840
2013-14	24	17,280
Total	142	1,02,240

4. The said amount was sought to be recovered as arrears of land revenue and hence recovery citations issued by Tehsildar on 25.1.2005 are also under challenge.

5. The averments made in the writ petition are that Institution is imparting education from Class 9 to 12 and recognized by U.P. High School and Intermediate Education Board, Regional Office Varanasi (hereinafter referred to as “Board”) vide order dated 26.10.2004 as a self financed institution with effect from High School Examination - 2006. Board also granted recognition to run Intermediate classes in Humanity and Science vide Board’s letter dated 31.7.2014. This Recognition was granted from Intermediate Examination -2016 and onward.

6. The strength of teaching and non-teaching staff has been stated in para 10 of writ petition, which reads as under:

Principal	1
Lecturers	13
Assistant Teachers	6
Clerks	3
Class IV employees	5

7. A writ petition No. 45110 of 2012 was filed by one Virendra Singh claiming that there are certain non-existing educational institutions but with the collusion of Educational Authorities, the same are running on papers. Consequently, this Court vide judgment dated 12.9.2012 directed District Magistrate to make inquiry. Pursuant thereto Depyty Collector, Bairia made physical verification under order of District Magistrate, Ballia and submitted report. Thereupon District Magistrate passed order dated 8th April, 2013, relevant extract whereof reads as under:

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