High Court of Judicature at Allahabad
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C/M. Basant Degree College Thru' Its Manager v. State Of U.P. Thru' Principal Secy. Deptt. Of Samaj Kalyan - WRIT - C No. 35868 of 2006  RD-AH 20617 (6 December 2006)
Hon'ble Vineet Saran, J
Heard learned counsel for the parties. Pleadings between the parties have been exchanged. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.
The petitioner is an unaided degree college. In terms of Government Order dated 18.6.2004 the petitioner was entitled to reimbursement of the fee deposited by the institution for the scheduled caste and other backward caste students. The said reimbursement was to be made by the Respondent no.2 within 45 days of the deposit made by the institution. In paragraph 6 of the writ petition the details of the deposit on behalf of the students, which has been made by the petitioner institution, has been given.
In paragraph 5 of the counter affidavit the State-respondents have not denied the facts averred in paragraph 6 of the writ petition, but has merely stated that because the funds have not been made available by the Central Government, the said reimbursement could not be made by the petitioner.
The deposit of fee on behalf of certain class of students was made by the petitioner institution only in terms of the Government Order dated 18.6.2004 which specifically provides that the Respondent no.2 would reimburse the said amount within 45 days. Now more than two years have passed but the amount has not been paid back to the petitioner. Learned counsel for the petitioner submits that the petitioner institution being an unaided college is thus facing financial crisis as it is unable to pay the salary of teaching and non-teaching staff.
Considering the facts and circumstances of this case and keeping in view the own order of the State Government dated 18.6.2004 providing for reimbursement of the fee deposited by the institution in such cases within 45 days, which has not been complied with, it is directed that the Respondent no.2 shall ensure payment of the amount deposited by the petitioner in terms of the Government Order within 30 days from today failing which the petitioner shall be entitled to interest at the rate of 9% per annum from the date it became due till the date of actual payment. It is further directed that the respondents shall accept the scholarship forms of B.Ed. students of the institution.
This writ petition stands allowed to the extent indicated as above.
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