IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5932 of 2008 DATE OF DECISION: February 03, 2009 Sri Guru Gobind Singh Khalsa College .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. R.K. Dadwal, Advocate, for the petitioner. Mr. H.S. Brar, DAG, Punjab. AJAI LAMBA, J. (ORAL) This civil writ petition under Article 226 of the Constitution of India has been filed praying for a writ in the nature of mandamus directing the respondents i.e. State of Punjab, Department of Higher Education and Secretary to Government of Punjab, Department of Higher Education to release the admitted amount of grant-in-aid to the petitioner under 95% grant-in-aid scheme of the Government so as to enable the petitioner to pay salary and other allowances to its employees. Learned counsel for the respondent has not been able to dispute the right of the petitioner to the payment of grant-in-aid. Learned counsel for the respondent has further not been able to dispute the fact that the issue has been raised before a Division Bench of this Court a number of times and has been settled to the effect that it is the State of Punjab that is liable to pay C.W.P. No. 5932 of 2008 -2- the grant-in-aid in time. The first issue raised is that the respondent does not have sufficient funds. The second objection taken on behalf of the respondent is that the petitioner-college is required to comply with conditions and satisfy the respondent-authorities after removal of objections. In regard to insufficiency of funds, the objection of the respondent is not sustainable. Salary of employees being a part of right to life, and the fact that grant-in-aid scheme has been sanctioned, the same is required to be released. It is observed that because the petitioners have to approach this Court for their rightful claim time and again and it is after lot of hardship is faced by their employees, the respondents would release grant-in-aid in time in future. Considering the facts and circumstances of the case and in terms of judgment of Division Bench of this Court rendered in CWP No. 14340 of 2006 decided on 18.12.2007 Arya College, Ludhiana Vs. State of Punjab and Others and decision rendered in CWP No. 5393 of 2008 decided on 24.04.2008 in case titled Ramgaria College of Education, Phagwara Vs. State of Punjab and Others, it is directed that the respondent shall pay 85% of the grant-in-aid due to the petitioner within a period of three months after clearance of objections by the petitioner. The petitioner shall clear all the objections raised by the respondents, if any, within a period of one month. So far as balance 15% of the amount of grant-in-aid is concerned, petitioner may submit separate representations to the respondents. The petition is allowed in the above terms. 03.02.2009 (AJAI LAMBA) shivani JUDGE