"Reporting fictitious yeshiva students, justifies breaking down"

The Supreme Court recently accepted the state's appeal on the ruling of the District Court of Jerusalem, and ordered the dissolution of the association reported fictitious reports to the Ministry of Education regarding the number of students, and thus received illegal subsidies.

Association of yeshiva "Netivot HaTorah" Jerusalem yeshiva director and Kollel, enjoyed the support of the Ministry of Education for the purpose of financing its operations. Allocation of subsidies was based on self-reports of the association of the number of students every month through a computerized system.

Registrar filed with the Court to dissolve the association (request it supported the Ministry of Education and the Official Receiver) standing on two foundations: false reports of the association of the number of students, while misleading the Ministry of Education, and more irregularities in managing the organization.

The District Court (Judge David Mintz) rejected the request and determined that we should act proportionately, and dismantle an organization only if "the difficulties and irregularities increased are at intolerable level". Further provided that the appropriate channel for the handling of false accounts is imposing sanctions on the organization by the Ministry of Education, as has been done in the form of ending organization support.

Using Attorney Efrat Brenner (Horowitz) of the Department of the State Attorney's civil state appealed to the Supreme Court. President Asher Gronis, with the consent of the judges Isaac Amit and Noam Solberg, received the State's appeal and ordered the liquidation order of the association.

The ruling established that continually set by the District Court to justify the dismantling of an association on the grounds prescribed in section 49 (1) The last part of the law - that has to order the dissolution of an association only when proven to the level of near certainty that the difficulties and irregularities rose an intolerable point clearly - too severe, and is consistent with the interpretation that grounds the Supreme Court ruling. Both in regard to the circumstances in which the cause is established, and with regard to the strength of the evidence required.

Further determined that even assuming that the association is fictitious, and is indeed held in accordance studies for purposes of determining the District Court, to lose weight there is no inherent flaw of the organization reporting on the number of students. "When an organization reporting false information to a public authority in order to get money for them is not entitled, it is a significant deviation and difficult principles of fairness and proper administration. Do not accept the activity which results in obtaining public funds illegally, the more so where the non-profit association formed to promote the public purposes for the benefit of society. "

After examining further violations of the principles of sound administration, the Court held that "the association irregularities amount to conduct contrary to fairness and the rules of proper administration, and are inconsistent with the nature of the association as an educational. These circumstances, there is a ground to dismantle the organization."

'בחדרי' גם ברשתות החברתיות - הצטרפו!