COMMITTEE OF MANAGEMENT KHEDUPURA MADARSA MOHAMMADIA AND OTHERS Vs. ZILA BASIC SIKSHA ADHIKARI AND OTHERS

JUDGEMENT

(1.) By this petition a direction is sought to the Zila Basic Shiksha Adhikari, respondent No. 1 to pay the maintenance grant of Rs. 25000 to the Institution release by the Government. Various allegations have been made in the writ petition. It is unnecessary to mention them as it is now not disputed in the counter affidavit that even though the grant was suspended earlier due to certain complaints, the Government by order 8th April, 1986 released the same. But it is being withheld by the Basic Shiksha Adhikari as enquiries in respect of certain irregularities are going on and a dispute about registration between rival committee of Management was pending.

(2.) None of the grounds for withholding grant is sustainable. If complaints are pending against the Institution the Basic Shiksha Adhikari should have brought it to the notice of the Director of Education. It could not itself assume the responsibility of nullifying the decision of higher authorities. Further, the Society appears to be registered. and dispute between rival Committees of Managements could not result in withholding the grant.

(3.) In the circumstances a direction is issued to release the maintenance grant within ten days from the date of submission of certified copy of this order may be given to the learned counsel for the petitioner on payment of usual charges with in 48 hours. Petition dismissed.