IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** INDEX IN Public Interest Litigation No.

_________ OF 2013 (Under Article 226 of Constitution of India) DISTRICT : VARANASI Anil Kumar Maurya, Son of Basant Lal Maurya Resident of S 8/45 Purani Chungi Shivpur, Varanasi, Uttar Pradesh .. Versus 1) State of U.P through its Secretary, Basic Education U.P Government, Lucknow 2) District Magistrate, District Varanasi 3) Additional Director of Education (Basic) U.P. at Allahabad 4) Basic Shiksha Adhikari, District Varanasi 5) District Social welfare officer, District Varanasi
Sl.No 1. 2.

Petitioner

Respondent
Page No.

Particulars of Papers/Documents List of dates and Events

Date

Annexure

No.

Civil Misc PIL Application under Article 226 of Indian Constitution. A Photocopy of RTI Applications send to different authorities seeking information on distribution of Scholarship Money through four schools in Varanasi.

3.

1
31.08.2012

4.

A Photocopy of details of payment received by this four school for academic session 2010-11 & 2011 12. A Photocopy of Application sent to District Magistrate, Varanasi requesting for making an enquiry in the Scholarship Scam through four schools in Shivpur but no reply/information received till date. A Photocopy of Application to Chief Minister Secretary, U. P. Govt, Lucknow by way posting on Public Grievances Portal bearing Registration No: GOVUP/E/2012/01683 but no reply/information received till date. A Photostat copy of Newspaper cutting of News on Scholarship Scam exposed after the no. of follow-ups of the petitioner. A Photocopy of Application send to Information Officer, Mukhya Vikas Adhikari, Vns seeking information under Sec 7(9) of RTI Act on the subject of Scholarship Scam but no reply/information received till date. A Photostat copy of Application send to Information Officer, Mukhya Vikas Adhikari,

5.

3
03.12.2012

6.

4
27.12.2012

7.

5
02.01.2013

8.

6
13.01.2013

9.

7
31.01.2013

Varanasi seeking information under Sec 7(1) of RTI Act on the subject of Scholarship Scam but no reply/information received till date.
10.

A Photostat copy of Application send to District Magistrate as a request for making enquiry and to take appropriate actions against those involved in the aforesaid scam but no reply/information was provided till date. Also no action was taking till date on the same. A Photostat copy of Application send to Chief Police Commissioner, U.P via email, speed post etc but no reply received till date. No actions on the same was also taken till date. Letter send to Chief Minister of U.P requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. Letter send to Chief Police Commissioner, SIB U.P requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was

04.02.2013

11.

9
05.02.2013

12.

10
05.02.2013

13.

11
06.02.2013

taken till date.

14.

Email send to Director Coordinator, Department of Revenue bearing Registration No: DORVU/E/2013/00060 requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. Application send to Head of Department, Appellate Authority, District School Supervisor seeking information under Sec 7(1) of the RTI Act on the points of Scholarship Scam on which no reply or any communication received till date. Application send to Head of Department, Appellate Authority, Mukha Vikas Adhikari, Varanasi referring to aforesaid letter and again requesting to provide information asked in above letter but no information received till date. Affidavit. Vakalatnama

12
09.02.2013

15.

13
09.02.2013

16.

14
13.02.2013

17. 18.

Dated :

.2.2013

( Arvind Sikaria ) Counsel for the Petitioner Chamber No. 42 High Court, Allahabad

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD *****

Dates and Events

IN Public Interest Litigation No. _______ OF 2013 (Under Article 226 of Constitution of India) DISTRICT : VARANASI Anil Kumar Maurya, Son of Basant Lal Maurya Resident of S 8/45 Purani Chungi Shivpur, Varanasi, Uttar Pradesh .. Versus Petitioner

State of U.P through its Secretary & Others. .. Respondent

S.No 1.

Date

Particular
Petitioner is a social worker and RTI Activist and work for social welfare of his society. Brief fact of the case is that Petitioner came to know that there some schools who are taking scholarship money from the government by showing false student data in his area. Petitioner got names of four schools on the web site of Education Department, U.P who are taking scholarship money for several students every year from government. Out of this four schools, two schools were known to him because of having address of same locality i.e. shivpur area in Varanasi. Then he checked the name and address of this schools and they are as under 1) Saint Jenious Educational School, Shivpur Varanasi 2) Karamjeet Public School, Shivpur, Varanasi

2.

3.

4.

3) Genious Educational School, P.S. Shivpur, Varanasi 4) Arshad Children Public School, Shivpur Varanasi. This school are running on the records of the office of the educational authorities in shivpur area in varanasi. 5. Out of this four schools, only 1st and 2nd school is in existence, and 3rd and 4th school is not running anywhere in shivpur area or anywhere else anywhere in varanasi. Petitioner was well aware that 1st school & 2nd school do not have more than 100 students on its roll because this school is very near to his residence. 31.08.2012 Petitioner than send a RTI application to Information Officer, Basic Shishka Officer, Varanasi seeking information about the status of this four schools along with other details but no reply/information received till date. Petitioner kept on searching for additional information through web-sites etc and downloaded details of payment received by this school for academic session 2010-11 & 2011 12. Petitioner could not find any building of 3rd and 4th school mentioned above. No one in the locality is aware about any such schools by the name of Genious Educational School, P.S. Shivpur, Varanasi & Arshad Children Public School, Shivpur Varanasi. 03.12.2012 Petitioner than send Application to District Magistrate, Varanasi requesting for making an enquiry in the Scholarship Scam through four schools in Shivpur but no reply/information received till date. 27.12.2012 Petitioner than send Application to Chief Minister Secretary, U. P. Govt, Lucknow by way web posting on Public Grievances Portal bearing Registration No: GOVUP/E/2012/01683 but no reply/information received till date.

6.

7.

8.

9.

10.

11.

12.

02.01.2013 Petitioner read news about scholarship scam in newspaper and learned that committee has been instituted to inquire the matter. 13.01.2013 Petitioner than send Application to Information Officer, Mukhya Vikas Adhikari, Vns seeking information under Sec 7(9) of RTI Act on the subject of Scholarship Scam but no reply/information received till date. 31.01.2013 Petitioner than send Application to Information Officer, Mukhya Vikas Adhikari, Varanasi seeking information under Sec 7(1) of RTI Act on the subject of Scholarship Scam but no reply/information received till date. 04.02.2013 Petitioner than send Application to District Magistrate as a request for making enquiry and to take appropriate actions against those involved in the aforesaid scam but no reply/information was provided till date. Also no action was taking till date on the same. 05.02.2013 Petitioner than send Application to Chief Police Commissioner, U.P via email, speed post etc but no reply received till date. No actions on the same was also taken till date. 05.02.2013 Petitioner send Letter to Chief Minister of U.P requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. 06.02.2013 Petitioner send Letter to Chief Police Commissioner, SIB U.P requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. 09.02.2013 Petitioner send Email to Director Coordinator, Department of Revenue bearing Registration No: DORVU/E/2013/00060 requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date.

13.

14.

15.

16.

17.

18.

19.

20.

09.02.2013 Petitioner send Application to Head of Department, Appellate Authority, District School Supervisor seeking information under Sec 7(1) of the RTI Act on the points of Scholarship Scam on which no reply or any communication received till date whereas as per Sec 7(1) of the RTI Act, information asked under the aforesaid section should be provided within 48 hours. 13.02.2013 Petitioner send Application to Head of Department, Appellate Authority, Mukha Vikas Adhikari, Varanasi referring to aforesaid letter and again requesting to provide information asked in above letter but no information received till date. HENCE THIS WRIT PETITION

21.

22.

Dated :

.2.2013

( Arvind Sikaria ) Counsel for the Petitioner Chamber No. 42 High Court, Allahabad

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

Civil Misc Public Writ Application

IN Public Interest Litigation No. _________ OF 2013 (Under Article 226 of Constitution of India) DISTRICT : VARANASI Anil Kumar Maurya, Son of Basant Lal Maurya Resident of S 8/45 Purani Chungi Shivpur, Varanasi, Uttar Pradesh .. Versus 6) State of U.P through its Secretary, Basic Education U.P Government, Lucknow 7) District Magistrate, District Varanasi 8) Additional Director of Education (Basic) U.P. at Allahabad 9) Basic Shiksha Adhikari, District Varanasi 10) District Social welfare officer, District Varanasi Petitioner

To,

Respondent

The Honble the Chief Justice and his other companion Judges of the aforesaid Court.

The humble petition on behalf of the above named petitioner MOST RESPECTFULLY SHOWETH as under:-

1. That this is the first writ petition being filed by the petitioner
against the present cause of action and the petitioner has not filed any other writ petition before any court or forum.

2. That neither the petitioner nor his Counsel received any notice of
caveat either himself or through registered post.

3. That by means of this present writ petition/public interest

litigation, the petitioner is seeking relief before this Honble court to be graciously be pleased to direct the concerned authorities to make an enquiry in regard to the scholarship scam as well as to check existence of the schools i.e. Genious Educational School, P.S. Shivpur, Varanasi & Arshad Children Public School, Shivpur Varanasi.

4. That Respondents may be further directed to recover the

scholarship money received by the schools illegally by falsifying the records/documents and to punish the persons who are involved directly/indirectly in the aforesaid scam.

5. That, Petitioner send a RTI application to Information Officer,

Basic Shishka Officer, Varanasi seeking information about the status of this four schools along with other details on 31.08.2012 but no reply/information received till date. A Photostat copy of the same is affixed as Annexure No. 1 to this writ petition.

6. That , Petitioner kept on searching for additional information

through web-sites etc and downloaded details of payment

received by this school for academic session 2010-11 & 2011 12. A Photostat copy of the list of all the four schools along with money taken in last two years is affixed as Annexure No. 2 to this writ petition.

7. That , Petitioner could not find any building of 3rd and 4th school
mentioned above. No one in the locality is aware about any such schools by the name of Genious Educational School, P.S. Shivpur, Varanasi & Arshad Children Public School, Shivpur Varanasi and they exist only on government papers.

8.

That, Petitioner than send Application to District Magistrate, Varanasi requesting for making an enquiry in the Scholarship Scam through four schools in Shivpur but no reply/information received till date. A Photostat copy of the same is affixed as Annexure No. 3 to this writ petition.

9. That, Petitioner than send Application to Chief Minister

Secretary, U. P. Govt, Lucknow by way web posting on Public Grievances Portal bearing Registration No:

GOVUP/E/2012/01683 but no reply/information received till date. A Photostat copy of the same is affixed as Annexure No. 4 to this writ petition.

10.That, Petitioner read news about scholarship scam in newspaper

and learned that committee has been instituted to inquire the matter. A Photostat copy of the newspaper cutting is affixed as Annexure No. 5 to this writ petition.

11. That, Petitioner than send Application to Information Officer,

Mukhya Vikas Adhikari, Vns seeking information under Sec 7(9) of RTI Act on the subject of Scholarship Scam but no reply/information received till date. A Photostat copy of the same is affixed as Annexure No. 6 to this writ petition.

12. That, Petitioner than send Application to Information Officer,

Mukhya Vikas Adhikari, Varanasi seeking information under Sec 7(1) of RTI Act on the subject of Scholarship Scam but no reply/information received till date. A Photostat copy of the same is affixed as Annexure No. 7 to this writ petition.

13. That, Petitioner than send Application to District Magistrate as a

request for making enquiry and to take appropriate actions against those involved in the aforesaid scam but no

reply/information was provided till date. Also no action was taking till date on the same. Even no status report is ever provided for the same. A Photostat copy of the same is affixed as Annexure No. 8 to this writ petition.

14. That, it is therefore clear beyond doubt that nobody is interest

in doing proper enquiry in such huge scam. All the government money is getting in the hands of illegal people and the people who should actually get this money never received it.

15.That,

Petitioner

than

send

Application

to

Chief

Police

Commissioner, U.P via email, speed post etc but no reply

received till date. No actions on the same was also taken till date. A Photostat copy of the same is affixed as Annexure No. 9 to this writ petition.

16. That, Petitioner than send Letter to Chief Minister of U.P

requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. A Photostat copy of the same is affixed as Annexure No. 10 to this writ petition.

17. That, Petitioner send Letter to Chief Police Commissioner, SIB

U.P requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. A Photostat copy of the same is affixed as Annexure No. 11 to this writ petition.

18. That, Petitioner send Email to Director Coordinator, Department

of Revenue bearing Registration No: DORVU/E/2013/00060 requesting to make enquiry in the Scholarship scam getting operated in Varanasi through the four schools but no reply received till date. No assurance or action was taken till date. A Photostat copy of the same is affixed as Annexure No. 12 to this writ petition.

19. That, Petitioner send Application to Head of Department,

Appellate Authority, District School Supervisor seeking

information under Sec 7(1) of the RTI Act on the points of Scholarship Scam on which no reply or any communication received till date whereas as per Sec 7(1) of the RTI Act, information asked under the aforesaid section should be

provided within 48 hours. A Photostat copy of the same is affixed as Annexure No. 13 to this writ petition.

20.That, therefore it was undoubted by now that Petitioner will not

get any information/remedy from any person.

21. That, Petitioner send Application to Head of Department,

Appellate Authority, Mukha Vikas Adhikari, Varanasi referring to aforesaid letter and again requesting to provide information asked in above letter but no information received till date. A Photostat copy of the same is affixed as Annexure No. 14 to this writ petition.

22.That there is every possibility that this scam is running with full
support of officials responsible to stop all such activities.

23.That, huge misappropriation of public funds released for public

welfare is going on without any check.

24.That in these facts and circumstances, the petitioners have no

alternative or efficacious remedy against the aforesaid illegal and unconstitutional action of the respondents, except to file this writ petition on the following amongst other grounds:

GROUNDS

(A)

Because Petitioners has himself made an enquiry(because no government officials or concerned person ever did so) and find out that no school by the name of Genious Educational School, P.S. Shivpur, Varanasi and Arshad Children Public School, Shivpur Varanasi.is there in whole area of shivpur.

(B)

Because on this regards various applications are already filed to various concerned officers/ authorities but no one ever took any action on the same.

(C)

Because since the constitution of committee, made for enquiry on scholarship scam matter no work is ever done on enquiry and this illegal business is still going on without any disturbance from any person responsible to stop the same.

(D)

Because

petitioner

has

already

approached

to

various

authorities appointed to check this illegal act by school management but no action was ever taken against the persons responsible for running such huge and illegal scam. (E) Because, the aforesaid schools are running in the records of the education department but said institution nor such students ever studied in such institutions. (F) Because there are ample papers/evidences on records to find out that schools are claiming more than 800-900 students scholarships but not more than 70-80 students study in this two schools. (G) Because enquiry should be made to find out that who all are running such big scam and is misappropriating public funds by showing false data and by falsifying data for own personal interest.

(H)

Because all this attempts is a big conspiracy against the government and is leading to misuse of public money released by the government for public benefit but the same is getting enjoyed for personal benefit.

(I)

Because such non working of the concerned officers is illegal and appropriate steps should be taken to stop this illegal nexus between concerned officers and educational mafias.

PRAYER

It is, therefore, most respectfully prayed that this Honble Court may graciously be pleased to:-

A) Issue a writ, order or direction in the nature of MANDAMUS asking respondents and other responsible public authorities to making enquiry in the Scholarship Scam running in Varanasi and to provide the status report on the same to the to this Honble Court and to the Petitioner in not more than 30 days. B) Issue a writ, order or direction in the nature of MANDAMUS asking Respondent No 2 to decide the application of the Petitioner filed before him through Petitioner on 04.02.2013 and to file a copy of such reply to this most humbly court as well within 30 days. C) Issue a writ, order or direction in the nature of MANDAMUS asking appropriate respondents to file a criminal complaint against those found guilty in the alleged scholarship scam within 30 days. D) Pass suitable remedy as per Article 226(3) of Indian Constitution in favor of the Petitioner.

E) Issue any other suitable writ, order or direction, which this Honble Court may deem fit and proper in the facts and circumstances of the case. F) Award costs of the petition to the petitioner throughout.

(Arvind Sikaria) Advocate Counsel for the Petitioner Chamber No. 42 Dated: ____January, 2013

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** AFFIDAVIT IN Public Interest Litigation No. _________ OF 2013 (Under Article 226 of Constitution of India) DISTRICT : VARANASI Anil Kumar Maurya, Son of Basant Lal Maurya Resident of S 8/45 Purani Chungi

Shivpur, Varanasi, Uttar Pradesh .. Versus Petitioner

State of U.P through its Secretary & Others. .. Respondent

Affidavit of: Anil Kumar Maurya, aged about 28 years, son of Shri Basant Lal Maurya, Resident of S 8/45 Purani Chungi, Shivpur, Varanasi, Uttar Pradesh

(Deponent) I, the deponent above named, do hereby solemnly affirm and state as under:1. That the deponent is a Social Worker and RTI Activist and always work for the welfare of his society and public benefit and is duly authorized to swear and file the present affidavit on his own behalf and, as such, is well acquainted with the facts of the case deposed to below.

2. That the deponent is Hindu by caste and is born and brought up in Shivpur, Varanasi and he is doing Pairvi of the present case. All the details filed/mentioned facts in the below mentioned points are true and correct to the best of the knowledge of the Deponent.

3. That the Deponent owns a small mobile shop through which he lead his lively hood.

4. That the Deponent has no person interest in the aforesaid matter and no profit in any manner will be accrued if the aforesaid matter is decided in the favor of the Deponent (Petitioner). 5. That brief facts of the case is already mentioned with the original copy of this writ petition and are true and correct to the best of knowledge and my belief.

I, the Shri Anil Kumar Maurya (deponent), do hereby declare that the contents of para of No. this

________________________________________________

supplementary affidavit are true to my personal knowledge, those of paragraph ___________________________________________________ based on perusal of records and those of paragraph No. are No. are

___________________________________________________

based on legal advice, which all I believe to be true; that no part of it is false and nothing material has been concealed herein.

So, help me God.

(Deponent) I, S.S. Ojha, Clerk to Shri. Arvind Sikaria, Advocate, High Court, Allahabad do hereby declare that the person making this

affidavit and alleging himself to be Shri Anil Kumar Maurya is known to me from the papers produced by him in this case.

_______________ (S.S.Ojha) Clerk

Solemnly affirmed before me on this ______ day of Feb, 2013 at about _________ a.m./p.m. by the deponent who has been identified by the aforesaid Clerk. I have satisfied myself by examining the deponent that he understands the contents of this affidavit, which have been read over and explained to him. **OATH COMMISSIONER **