IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.6507 of 2009 Date of Decision: April 30, 2009 Devki Devi Jain Memorial College for Women, Ludhiana .....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.6507 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. In the case of BLM Girls College, Arya Samaj, Nawanshahr (supra), this Court, while relying on judgment dated 18.12.2007 in C.W.P. No.14340 of 2006, titled `Arya College, Ludhiana Vs. State of Punjab & Others’ and decision dated 24.4.2008 rendered in Civil Writ Petition No.5393 of 2008, titled ‘Ramgaria College of Education, Phagwara vs. State of Punjab & Others’, has held:- “Considering the facts and circumstances of the case; in terms of judgment rendered in Arya 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 3 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.” In Ramgaria College of Education, Phagwara (supra), the following has been held by the Division Bench of this Court:- “Learned counsel for the petitioner has placed reliance on the judgments State of Maharashtra versus Manubhai Pragali Vashi and Others, 1995(5) Supreme Court Cases 730, Government of A.P. and Others versus G.V.K.Girls High School, 2000(8) Supreme Court Cases 370, and State of Haryana and others versus Babita Yadav and Others, 2004(13) Supreme Court Cases 734, to contend that the paucity of funds or financial contributions cannot be taken a ground to deny the grant-in-aid to Government recognized private colleges while extending such facility to recognized private colleges by the State. After hearing the learned counsel for the parties, we are of the considered view that the case of the petitioner is squarely covered by the decision in the State of Maharashtra versus Manubhai Pragali Vashi and CWP No.6507 of 2009 [3] Others, Government of A.P. and Others versus G.V.K.Girls High School and State of Haryana and others versus Babita Yadav and Others (supra). The State Government cannot take up the ground that due to paucity of funds, it is unable to give grant-in-aid to the colleges. In view of the above, we hold that the respondents shall pay 85% of the grant-in-aid as claimed by the petitioner within a period of three months, after the clearance of the objections by the petitioner. The petitioner shall try to clear all the objections raised by the State Government within a period of one month from today. As far as balance 10% of the amount of grant-in-aid case is concerned, the petitioner may submit a separate representation to the respondents. The respondents are also further directed to release the grant-in-aid to the petitioner in future also in time.” In another judgment dated 19.2.2008 rendered by a Division Bench of this Court 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’, similar view has been taken as in the case of Ramgaria College of Education, Phagwara (supra). It has been brought out that State of Punjab filed a Special Leave Petition before the Hon’ble Supreme Court of India directed against the judgment rendered in Civil Writ Petition No.3191 of 2007. The Hon’ble Supreme Court of India while dealing with SLP No.15798 of 2008 dismissed the petition on 8.12.2008 by passing the following order:- “Delay condoned. We find no merit in this petition which is accordingly dismissed. However, two months time is granted to the petitioner State of Punjab to release the amount which is due and payable to the respondent College subject to removal of objections pointed by the High Court in the impugned order.” Considering the facts and circumstances of the case; in terms of judgments to CWP No.6507 of 2009 [4] which reference has been made hereinabove, 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 representations to the respondents. Petition is allowed in the above terms. (AJAI LAMBA) April 30, 2009 JUDGE avin