Smt. K. Samakka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.4650 OF 2019 Smt. K. Samakka W/o Shri Narsingh Aged About 64 Years Address Block Colony, Konta, District Sukma Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Development, Department, Atal Nagar, Mantralaya, New Raipur Chhattisgarh.

2. The Assistant Commissioner Tribal Development, Sukma, District Sukma Chhattisgarh.

3. The Collector District Sukma Chhattisgarh.

4. The Block Education Officer Block Konta, District Sukma Chhattisgarh.

... Respondent(s) For Petitioner :

Shri K.K. Pandey, Advocate.

For Respondent-State :

Shri Rahul Mishra, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.06.2019

1. The present writ petition has been filed seeking for a direction to the respondents to release the unpaid scholarship amount to the petitioner.

2. This court is of the opinion that the writ petition at the first instance is not maintainable for the reason that it appears to be more of money claim allegedly spent by the petitioner from her pocket without there being any official correspondence in this regard. Moreover, the scholarship amount which has to be released is always given to the institution and cannot be released to an individual in her individual capacity. If at all if the petitioner has paid some money from per pocket, the same is required to be recovered from the institution by

initiating appropriate money suit and which cannot be looked into by this court in exercise of its power of judicial review under Article 226 of the Constitution of India.

3. Accordingly, reserving the right of the petitioner to approach the authorities for ventilating her grievance or to take an appropriate legal recourse available, the present writ petition stands rejected as not maintainable.

Sd/- (P. Sam Koshy) Judge inder