IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.8221 of 2009 Date of Decision: May 27, 2009 Guru Nanak Girls College, Model Town, Ludhiana .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajesh K. Dadwal, 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.8221 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.8221 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 27, 2009 JUDGE avin