High Court · 2025
Case Details
Petitioner :- Smt. Geetanjali Chauhan And 13 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- Avneesh Tripathi,C.S.C. Hon'ble Donadi Ramesh,J.
1. The present writ petition is filed for the following relief:- (a). Issue a writ, order or direction in the nature of certiorari call for the record of the case and quash the order dated 31.10.2019 passed by respondent no.2 (Director of Higher Education U.P. Allahabad) (Annexure No.35 to this writ petition). (b) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay salary of the petitioners for session 2018-2019. (c) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay arrears of salary to the petitioners for the period of July, 2014 to January 2015, and eight months salary for session 2015-2016. (d). Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay arrears of salary to petitioner no.8 to 14 for period of 2 months 27 days for session 2017-2018. (e) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) consider the claim of the petitioners for payment of salary months to months and decide the representation of the petitioners."
2. On 05.02.2014 to elevate certain courses the State Government has issued Government Order dated 05.02.2014 by launching a scheme under the name of "Uccha Shikasha Gunvatta Samvardhan Protsahan Yojna" with an aim to provide limited financial assistance by the State Government to the eligible aided non- government colleges for running self-financing courses for maintaining and improving the quality of education with certain conditions, which reads as follows:- "7. That the eligibility for granting the financial assistance to the colleges under this Scheme shall be decided on the following criteria: (1) That the college must have been accredited "A" by the NAAC. Only such colleges shall be treated eligible that have accredited "A" by NAAC on the date when the Scheme is launched. (2) That in the first phase only those colleges/ courses shall be included for grant of financial assistance that have been running self-finance Courses continuously for at least 5 years. (3) That all such lawfully appointed teachers shall be eligible under the Scheme who fulfill all essential educational qualifications laid down by the University Grants Commission and possess experience of a minimum of 03 academic sessions. (4) That the Scheme is of continual nature and the courses as well as the teachers shall be covered under the Scheme to receive the financial assistance as and when they obtain the minimum eligibility laid down for this Scheme."
3. Further, the State Government has issued one more Government order dated 29.03.2016 slightly amending share of the State Government and the Institution under the Scheme as 20 percent has to bear by the Institution and 80 percent will be by the State Government. Accordingly, State Government has considered the bill submitted by the Management for the year 2015-16. When the said amount were not released the petitioners have approached this Court in Writ A No.7243 of 2019. The said writ petition was disposed of with the following directions on 09.05.2019:- "Accordingly, the instant petition is disposed of with liberty to the petitioners to approach the second respondent with a certified copy of this order and a fresh representation, and in which event, the same shall be decided by the second respondent by means of a speaking order in accordance with law, preferably within a period of next eight weeks. "
4. Pursuant to the above said directions the respondents have passed the present impugned orders rejecting the claim of the petitioners.
5. Learned counsel for the petitioners has contended that the rejection is on extraneous reasons. In fact the bill submitted by the Management has considered by the State under the said Scheme and State has also released the funds on last day of the financial year i.e. 31.03.2016 and for non-disbursement of the funds on the same day, the respondents has rejected as the funds have lapsed. In fact the State Government has forwarded the grant on 31.03.2016 to the second- respondent and the second-respondent has forwarded to the third-respondent and the third- respondent has forwarded to the Institution-fourth respondent at about 08.46 P.M., hence the question of utilization of funds at that point of time does not arise. When the utilization of that funds could not be possible at that late hours, hence, the issue of lapse did not arise. As petitioners are small employees and the respondent is mighty State Government. As far as second ground is concerned one of the conditions stipulated in Government Orders dated 05.02.2014 and 29.03.2016 is that the Institution must be accredited by NAAC as in the instant case the petitioners are employees of two institutions and both institutions are certified with "A" Grade. The said certificates are annexed with the writ petition. Hence, the rejection of the claim made by the petitioners is unreasonable and vicarious.
6. In reply to the said contentions, learned Standing Counsel appearing on behalf of the respondents have submitted that the State Government policy is to provide assistance to the non-aided Government Colleges and self- financed education and the said Scheme is applicable with certain conditions. According to the conditions the State Government has released funds and the said funds were not able to be utilized by the Management and the same were lapsed. Once the funds were not utilized allocated for one academic session they are not entitle for the subsequent session. Accordingly, the rejection order passed by the respondent no.2 is in accordance with Government Orders dated 05.02.2014 and 29.03.2016.
7. Considering the submissions made by both learned counsel and perusal of the record, as the Scheme itself has a particular motive to encourage the institutions to impart self financed education once that being the motive of the State Government and the Institution possess "A" Grade certificates. Being in the situation in the instant case, as both the Institutions are accredited with "A" Grade certificates and the employees were also entitled for the financial assistance. In fact the State Government has considered and approved financial assistance for academic session 2015-16 and as per the averments made in the paragraph 44 of the writ petition for implementation/ non-disbursement of the said funds is taken into consideration. According to the same the Institution has received the funds only at 08.46 P.M. on 31.03.2016 i.e. the last date of the financial year is being the position the disbursement cannot be taken at that late hours. Hence, the rejection on the ground of lapse of funds may not be sustainable, accordingly the impugned order dated 31.10.2019 is set aside, directing the respondents to consider and release the funds if the Institution comes under the conditions imposed in the Government Order dated 05.02.2014. This exercise should be completed within a period of two months, from the date of a receipt of a copy of this order.
8. Accordingly, the present writ petition is disposed of. Order Date :- 13.8.2025 AdityaG (Donadi Ramesh,J.) ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad
Petitioner :- Smt. Geetanjali Chauhan And 13 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- Avneesh Tripathi,C.S.C. Hon'ble Donadi Ramesh,J.
1. The present writ petition is filed for the following relief:- (a). Issue a writ, order or direction in the nature of certiorari call for the record of the case and quash the order dated 31.10.2019 passed by respondent no.2 (Director of Higher Education U.P. Allahabad) (Annexure No.35 to this writ petition). (b) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay salary of the petitioners for session 2018-2019. (c) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay arrears of salary to the petitioners for the period of July, 2014 to January 2015, and eight months salary for session 2015-2016. (d). Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) to pay arrears of salary to petitioner no.8 to 14 for period of 2 months 27 days for session 2017-2018. (e) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 (Director of Higher Education U.P. Allahabad) consider the claim of the petitioners for payment of salary months to months and decide the representation of the petitioners."
2. On 05.02.2014 to elevate certain courses the State Government has issued Government Order dated 05.02.2014 by launching a scheme under the name of "Uccha Shikasha Gunvatta Samvardhan Protsahan Yojna" with an aim to provide limited financial assistance by the State Government to the eligible aided non- government colleges for running self-financing courses for maintaining and improving the quality of education with certain conditions, which reads as follows:- "7. That the eligibility for granting the financial assistance to the colleges under this Scheme shall be decided on the following criteria: (1) That the college must have been accredited "A" by the NAAC. Only such colleges shall be treated eligible that have accredited "A" by NAAC on the date when the Scheme is launched. (2) That in the first phase only those colleges/ courses shall be included for grant of financial assistance that have been running self-finance Courses continuously for at least 5 years. (3) That all such lawfully appointed teachers shall be eligible under the Scheme who fulfill all essential educational qualifications laid down by the University Grants Commission and possess experience of a minimum of 03 academic sessions. (4) That the Scheme is of continual nature and the courses as well as the teachers shall be covered under the Scheme to receive the financial assistance as and when they obtain the minimum eligibility laid down for this Scheme."
3. Further, the State Government has issued one more Government order dated 29.03.2016 slightly amending share of the State Government and the Institution under the Scheme as 20 percent has to bear by the Institution and 80 percent will be by the State Government. Accordingly, State Government has considered the bill submitted by the Management for the year 2015-16. When the said amount were not released the petitioners have approached this Court in Writ A No.7243 of 2019. The said writ petition was disposed of with the following directions on 09.05.2019:- "Accordingly, the instant petition is disposed of with liberty to the petitioners to approach the second respondent with a certified copy of this order and a fresh representation, and in which event, the same shall be decided by the second respondent by means of a speaking order in accordance with law, preferably within a period of next eight weeks. "
4. Pursuant to the above said directions the respondents have passed the present impugned orders rejecting the claim of the petitioners.
5. Learned counsel for the petitioners has contended that the rejection is on extraneous reasons. In fact the bill submitted by the Management has considered by the State under the said Scheme and State has also released the funds on last day of the financial year i.e. 31.03.2016 and for non-disbursement of the funds on the same day, the respondents has rejected as the funds have lapsed. In fact the State Government has forwarded the grant on 31.03.2016 to the second- respondent and the second-respondent has forwarded to the third-respondent and the third- respondent has forwarded to the Institution-fourth respondent at about 08.46 P.M., hence the question of utilization of funds at that point of time does not arise. When the utilization of that funds could not be possible at that late hours, hence, the issue of lapse did not arise. As petitioners are small employees and the respondent is mighty State Government. As far as second ground is concerned one of the conditions stipulated in Government Orders dated 05.02.2014 and 29.03.2016 is that the Institution must be accredited by NAAC as in the instant case the petitioners are employees of two institutions and both institutions are certified with "A" Grade. The said certificates are annexed with the writ petition. Hence, the rejection of the claim made by the petitioners is unreasonable and vicarious.
6. In reply to the said contentions, learned Standing Counsel appearing on behalf of the respondents have submitted that the State Government policy is to provide assistance to the non-aided Government Colleges and self- financed education and the said Scheme is applicable with certain conditions. According to the conditions the State Government has released funds and the said funds were not able to be utilized by the Management and the same were lapsed. Once the funds were not utilized allocated for one academic session they are not entitle for the subsequent session. Accordingly, the rejection order passed by the respondent no.2 is in accordance with Government Orders dated 05.02.2014 and 29.03.2016.
7. Considering the submissions made by both learned counsel and perusal of the record, as the Scheme itself has a particular motive to encourage the institutions to impart self financed education once that being the motive of the State Government and the Institution possess "A" Grade certificates. Being in the situation in the instant case, as both the Institutions are accredited with "A" Grade certificates and the employees were also entitled for the financial assistance. In fact the State Government has considered and approved financial assistance for academic session 2015-16 and as per the averments made in the paragraph 44 of the writ petition for implementation/ non-disbursement of the said funds is taken into consideration. According to the same the Institution has received the funds only at 08.46 P.M. on 31.03.2016 i.e. the last date of the financial year is being the position the disbursement cannot be taken at that late hours. Hence, the rejection on the ground of lapse of funds may not be sustainable, accordingly the impugned order dated 31.10.2019 is set aside, directing the respondents to consider and release the funds if the Institution comes under the conditions imposed in the Government Order dated 05.02.2014. This exercise should be completed within a period of two months, from the date of a receipt of a copy of this order.
8. Accordingly, the present writ petition is disposed of. Order Date :- 13.8.2025 AdityaG (Donadi Ramesh,J.) ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM ADITYA GAUTAM High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad