IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.5753 of 2009
Date of Decision: April 18, 2009
Dashmesh Khalsa College, Muktsar
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Sameer Sachdeva, Advocate, for
the petitioner.
. . .
AJAI LAMBA, J (Oral)
Learned counsel contends that the
petitioner is entitled to release of grant-in-aid.
The same, however, is not being released and
therefore, the petitioner-College is not in a
position to pay the salaries.
In this regard, learned counsel has
relied on the decision dated 21.3.2009 of this Court
in Civil Writ Petition No.4464 of 2009 titled ‘BLM Girls College, Arya
Samaj, Nawanshahr vs. State of Punjab & Others’.
Notice of motion.
Mr. Anil Sharma, Senior Deputy
Advocate General, Punjab, on the asking of the Court
accepts notice. Copy of the petition has been handed
over.
CWP No.5753 of 2009 [2]
Learned counsel for the respondents
has not been able to dispute that the grant-in-aid
is required to be released in terms of judgment
relied upon on behalf of the petitioner.
Considering the facts and circumstances of the case; in terms of judgment
rendered in BLM Girls College’s case (supra) and decision
rendered in C.W.P. No.5393 of 2008, decided on
24.4.2008, in case titled ‘Ramgaria College of Education,
Phagwara vs. State of Punjab and others’, it is directed that
the respondents shall pay 85% of the grant-in-aid
due to the petitioner within a period of 4 months
after clearance of objections by the petitioner. So
far as balance 15% of the amount of grant-in-aid is
concerned, the petitioner may submit separate
representations to the respondents.
Petition is allowed in the above
terms.
(AJAI LAMBA)
April 18, 2009 JUDGE
avin