IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 5981 of 2011 Date of Decision: 09.12.2011 Government Teacher Union, Punjab and another ...Petitioners Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Vivek Suri, Advocate, for the petitioners. Mr. Sandeep Moudgil, Deputy Advocate General, Punjab for the respondents. **** RANJAN GOGOI, C.J.(Oral) The grievance raised in the Public Interest Litigation is with regard to non-transfer of funds collected by way of cess on sale of liquor under the provisions of the Punjab Education Development Act, 2008 (hereinafter referred to as 'the Act'). Under the aforesaid provisions of the Act, cess at the rate collected on account of education cess is to be disbursed to the Education Department, which according to the petitioners has not been done in full. Hence the PIL has been filed by the representatives of the Teacher's Union. 2. In paragraph No. 9 of the written statement filed on behalf of the Special Secretary to the Government of Punjab, School Education Department, it has been stated as follows:- “9. That keeping in view the provision of the Act and for strict compliance thereof, it has been CWP No. 5981 of 2011 [2] decided by the Government in concurrence with the Department of Finance that in future the amount of cess collected by the Department of Excise & Texation shall be transferred directly to the fund of the Punjab Education Development Board. In a meeting held on 19.09.2010, the State Cabinet has also decided that the balance amount of cess meant for the Punjab Education Development Board and available in the consolidated fund of the State shall be released by the Department of Finance to the Board immediately.” 3. The contents of para No. 9 contain an acknowledgment of the liability of the State to transfer the cess collected as education cess under the provisions of the aforesaid Act. Infact, in the said paragraph, there is a clear undertaking that the said transfer of funds would be made to the Punjab Education Development Board and the State Cabinet has also taken a decision to the above effect. If that is so, we do not see as to why it is necessary to keep this PIL pending any longer. Rather, we deem it appropriate to close the PIL by directing necessary action by the State to be taken in the light of the statements made in paragraph No. 9 of the aforesaid affidavit filed on behalf of the Special Secretary to the Government of Punjab, School Education Department. PIL shall accordingly stand disposed of in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE 09.12.2011 'ravinder'