C.W.P.No.4262 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.4262 of 2008 Date of Decision:24.04.2008 Ramgarhia College, P.O.Satnampura, Phagwara .....Petitioner versus The State of Punjab and others .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.Rahul Sharma, Advocate, for the petitioner. Mr.Yatinder Sharma, Deputy Advocate General, Punjab. *** ASHUTOSH MOHUNTA, J.(Oral) Ramgarhia College of Education, P.O. Satnampura, Phagwara, has prayed for issuance of a writ in the nature of mandamus directing the respondents to immediately release the deficit grant-in-aid of 95%, which is pending, so that the salaries to the employees can be disbursed by the petitioner in accordance with the Grant-in-Aid Scheme formulated by the State Government. As per Audit Note dated 20.08.2007 (Annexure P-3), arrears to the tune of Rs.2,43,84,257/- were due till the Session 2006-2007. It is stated that the aforementioned amount is not being released to the petitioner by the respondents. Learned counsel for the State, however, submits that various C.W.P.No.4262 of 2008 2 objections have been raised and the petitioner has not cleared the same and hence, the amount has not been paid to the petitioner. Learned Counsel for the State further submits that the State Government has imposed a cut of 10% from 21.12.2001 and as the cut has been applied to all the grant-in-aid affiliated Colleges throughout Punjab, hence, the petitioner has not been paid the amount as prayed for. 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 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 C.W.P.No.4262 of 2008 3 respondents. The respondents are also further directed to release the grant-in-aid to the petitioner in future also in time. The writ petition stands disposed off. (ASHUTOSH MOHUNTA) JUDGE April 24, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE