PARMAR RAIBEN AMTHABHAI Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) . Rule. Mr. Kotak, Ld. AGP for the respondent waives the service of notice of rule.

(2.) . The short facts giving rise to the present petition are that the petitioner is running Ashram Shala and it was recognised for the peyment of grant initially. However, in the year 1995-96, 1996-97, the grant was sanctioned. But the sanction had taken place on 8.1.1996 and on 15.1.1997 and it was found by the authority that there is breach committed and the conditions for maintenance of Ashram Shala, are not complied with and the genuine students are less in comparision to the number of the student admitted in the Ashram Shala. The authority passed an order on 3.5.2000 whereby, it has been decided to recover the grant of Rs.1,25,600.00 from the grant for the year 1995-96 and 1996-97 etc. The grant was made admissible on the basis of the existing 76 students as against the admission of 86 students.

(3.) . The petitioner preferred an appeal before the State Government against the decision for recovery of the grant and in the appeal, one of the contention raised by the petitioner was that the opportunity of hearing was not given. The State Government decided the appeal vide order dtd. 14.6.2000 (Annex. "F") and dismissed the appeal by confirming the order passed by the Director, Social Welfare, dtd. 3.5.2000. It is these orders passed by the Director for recovery of the grant and its confirmation thereof, which are under challenge before this Court.