RAJIV SHARMA,SATISH CHANDRA,J. - (1.) - Heard Sri S.M. Shukla and Sri A.R. Masoodi, learned counsel for the petitioner and Sri N.C. Mehrotra, learned Additional Chief Standing Counsel, for the State.
(2.) ALL these writ petitions have been filed under Article 226 of the Constitution of India and as issues raised in all these writ petitions are identical, request has come forward to treat writ petition No. 4828 (MB) of 2009 as the leading case and to decide all these writ petitions together, on the arguments advanced in leading writ petition. Brief background of the case as is reflected from the record are that Padmawati Devi Balika Inter College, Gayatripuram, Surhurpur, district Ambedkar Nagar [hereinafter referred to as 'the Institution' for the sake of brevity] being a privately managed unaided Intermediate Institution and recognized under the provisions of U.P. Intermediate Education Act, 1921, was established in the year 1999. The Institution is imparting education to girls students of nearby villages. The Social Welfare Department and Backward Classes Welfare Department granted scholarship to be distributed amongst the girls students of the Institution. The said amount was deposited by the Institution in its account bearing No. 5/7691. Thereafter, a circular was issued on 9.11.2004, requiring the students who were to be benefited by the scholarships to open their respective accounts in Punjab National Bank, Surhurpur Branch and the same was affixed on the Notice Board.
(3.) SINCE the number of beneficiaries of the scholarships was quite large, as such, the Manager of the said Bank expresses his inability to open the large number of Bank Account and it is in this background the students who were to be benefited by the scholarships requested the Principal through various applications that the amount of scholarships be distributed in cash. Accordingly, the Principal of the Institution, vide letter dated 27.2.2005, wrote a letter to the Manager of the Institution, for passing appropriate order. Consequently, the matter of disbursement of the amount of scholarship was considered by the Manager of the Institution in its meeting dated 12.3.2005 and it was decided that a three member committee be constituted for the said purpose and it was also decided that in presence of the members of the said Committee, the Principal and co-account holder, namely, Sri Ram Sagar Yadav would draw the amount and disbursed the same in cash at the rate prescribed to the students. It was also decided that after the end of session i.e. after 30.5.2005, no amount of scholarship will be distributed in cash and the entire amount would be distributed through cheques only.;