IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.7560 of 2009 Date of Decision: May 19, 2009 BBK D.A.V. College for Women, Lawrence Road, Amritsar .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Aman Chaudhary, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This civil writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release the grant in aid as admissible to the petitioner – College in terms of the financial grant scheme of the State Government for private aided colleges on the basis of 95% of the deficit. It has been contended that the teaching and non-teaching employees cannot be paid in time because of respondents’ not releasing the due grant in aid in time. Learned counsel has referred to Mohini CWP No.7560 of 2009 [2] Jain vs. State of Karnataka, AIR 1992 SC 1858 to contend that:- “Right to life is the compendious expression for all those rights which the Court must enforce because they are basic to the dignified enjoyment of life. It extends to the full range of conduct which the individual is free to pursue. The right to education flows directly from right to life. The right to life under Article 21 and the dignity of an individual can not be assured unless it is accompanied by the right to education. The State Government is under an obligation to make endeavour to provide education facilities at all levels to its citizens.” Reference has also been made to judgments of this Court that have been placed on record as Annexure P-5 to P-9 viz. Civil Writ Petition No.10097 of 2000 (Sadhu Singh & Others vs. State of Punjab & Others) decided on 7.8.2000; Civil Writ Petition No.17605 of 2004 (Gurparaksh Singh Sandhu & Others vs. State of Punjab & Others) decided on 17.5.2005; Civil Writ Petition No.15532 of 2007 (Dr. Poonam Kumar Sharma & Others vs. State of Punjab & Others) decided on 2.4.2008; Civil Writ Petition No.3583 of 2007 (K.C. Sharma vs. State of Punjab & Others) decided on 17.12.2007; and Civil Writ Petition No.14340 of 2006 (Arya College, Ludhiana vs. State of Punjab & Others) decided on 18.12.2007. 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. Learned counsel for the respondents has not been able to dispute that the grant-in-aid is required to be released in terms of judgments relied upon on behalf of the petitioner. Considering the facts and CWP No.7560 of 2009 [3] circumstances of the case and in view of judgment dated 21.3.2009 rendered in Civil Writ Petition No.4464 of 2009 titled ‘BLM Girls College, Arya Samaj, Nawanshahr vs. State of Punjab & Others’, 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’, this petition is allowed. 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. (AJAI LAMBA) May 19, 2009 JUDGE avin