IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Rekha - Appellant
Versus
State Of Uttarakhand & Anr. - Respondents
Writ Petition (M/S) No. 2471 of 2021
Decided On : 13-12-2021
Forgery - Grant-in-aid Inclusion - The court disposed of the writ petition with liberty to the petitioner to make a fresh representation to the Secretary, School Education, and directed the Competent Authority to take a decision within a stipulated time frame.
Fact of the Case:
The petitioner alleged that an Intermediate College was included in the grant-in-aid list of the State by forging her signature on certain documents.
Finding of the Court:
The court found that the institution was improperly included in the grant-in-aid list based on forged documents, and the grant of financial aid to the institution was suspended.
Issues: Alleged inclusion of the institution in the grant-in-aid list based on forged documents, petitioner's request for fresh representation, and Competent Authority's decision-making process.
Ratio Decidendi: The court allowed the petitioner to make a fresh representation and directed the Competent Authority to consider the representation and pass an appropriate decision within a stipulated time frame.
Final Decision: The writ petition was disposed of with liberty to the petitioner to make a fresh representation, and the Competent Authority was directed to take a decision within a stipulated time frame.
JUDGMENT
Manoj Kumar Tiwari, J. - According to the petitioner, one privately managed Intermediate College, namely, Dr. B.R. Ambedkar Inter College, Garhmeerpur, District Haridwar was included in the grant-in-aid list of the State by showing petitioner, as a Manager of the Institution, and also forging her signature on certain documents.
2. Mr. T.S. Phartiyal, learned Additional C.S.C. for the State was asked to get instructions. Today, on instructions, he submits that in view of the complaint received, against inclusion of the aforesaid institution in the grant-in-aid list, enquiry was made and it was found that the aforesaid Institution was improperly included in the grant-in-aid list, based on forged documents; for the time being, grant of financial aid to the said Institution has been suspended.
3. Mr. Sanjeev Singh, learned counsel appearing for the petitioner confines his prayer and submits that petitioner may be permitted to make fresh representation and the Competent Authority may be directed to take decision within some stipulated time frame.
4. Mr. T.S. Phartiyal, learned Additional C.S.C. for the State submits that he has no objection if petitioner is permitted to make fresh representation.
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make fresh representation to the Secretary, School Education. If such representation is made within two weeks from today, the Secretary, School Education shall consider the same and pass appropriate decision, in accordance with law, as early as possible but not later than eight weeks from the date of production of such representation along with certified copy of this order. Before taking any decision, Secretary, School Education shall hear all the stakeholders, including the Office bearer of the Institution in question.
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