IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.7995 of 2009
Date of Decision: May 25, 2009
Guru Nanak Khalsa College, Daroli Kalan, District Jalandhar
.....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)
The prayer made in this civil writ
petition filed under Article 226/227 of the
Constitution of India is for issuance of a writ in
the nature of mandamus directing the respondents to
comply with the directions given by Division Bench
of this Court while dealing with Civil Writ Petition No.14340
of 2006 titled ‘Arya College, Ludhiana Vs. State of Punjab & Others’,
decided on 18.12.2007.
It has been brought out that the petitioner is helping the State to achieve its
welfare policies. The State of Punjab implemented a
scheme known as `95% Deficit Grant in Aid Scheme’
for granting financial assistance to non government
aided colleges. The State Government took a
CWP No.7995 of 2009 [2]
conscious decision to provide financial assistance
to private aided colleges to enable these colleges
to pay the scales recommended by the UGC so as to
maintain minimum standards in higher education on
the basis of sanctioned strength of teaching and non
teaching employees. Because the respondents are not
releasing the admissible grant in aid, the
petitioner is unable to pay the teaching and non
teaching staff which seriously hampers the working
of the Institution.
Issue 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.
Heard.
Learned counsel for the respondents
has not been able to dispute that grant in aid is
required to be released in terms of the judgment
relied upon on behalf of the petitioner.
I have considered the issue. The
Division Bench in the case of Arya College, Ludhiana (supra),
issued directions in the following terms:-
“Accordingly, we direct the State to meet its liability
as per its declared scheme within three months from today.
The State will be at liberty to rely upon the record already
available or to have access to such other record of the
petitioner-college as, may be necessary, but on this
account, the State will not avoid its liability. We make it
clear that Secretary, Higher Education, Punjab will be held
personally liable in case of default in meeting the
liability.”
This Court has considered the very
CWP No.7995 of 2009 [3]
issue while dealing with Civil Writ Petition No.4464 of 2009
titled ‘BLM Girls College, Arya Samaj, Nawanshahr vs. State of Punjab
& Others’, decided on 21.3.2009 and Civil Writ Petition No.5393
of 2008, titled ‘Ramgaria College of Education, Phagwara vs. State of
Punjab & Others’, decided on 24.4.2008, in which also
the respondent-State has been directed to release
the grant in aid.
In Civil Writ Petition No.3191 of 2007 titled
`The Managing Committee, Guru Gobind Singh College, Saghera, Barnala,
District Sangrur vs. State of Punjab & Another’ decided on
19.2.2008, similar view has been taken and direction
was issued to the respondents to release grant in
aid. Special Leave Petition was filed by the State
of Punjab, the same being SLP No.15798 of 2008 which was
dismissed on 8.12.2008.
Considering the directions issued by
this Court in various cases as noticed above, and in
the facts and circumstances of this case, 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 due is concerned, the petitioner may
submit separate representation to the respondents.
Petition is allowed in the above
terms.
(AJAI LAMBA)
May 25, 2009 JUDGE
avin