SUBHAS C. SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition Nos. 2244 & 7875 of 1999, 14404 & 19810 of 2001, 19059 & 19363 of 2006, 1811, 21662 & 23410 of 2011, 16903 of 2013 and R.S.A. Nos. 2877 & 2880 of 2010 as common questions of law and facts are involved in these cases. However, for the better appreciation of points in issue, the facts of each case are being briefly noticed.

(2.) The case of the petitioners is that Civil Aviation Department, Government of Punjab, vide its memo dated 7th July, 1978 formulated a Scheme for the establishment of an Aircraft Maintenance Engineering Training College at Patiala Airfield for imparting Technical Training to Higher Secondary (Sciences) students for helping them in their preparation for admission to Aeronautical Engineering Science. The proposed training was also meant to prepare the candidates of D.G.C.A. examination for AME licence for Airframe, Engine and Compasses. The Advisor, Civil Aviation, Punjab, vide letter dated 20.09.1979 informed the State Government that initially the intake of the Trainees would be 20 for the first year and an additional 20 Trainees would be taken up every subsequent year, subject to a maximum of 60 students. The Advisor, Civil Aviation, Punjab, vide letter dated 12.03.1980 (Annexure P-3) further informed the State Government regarding salary, structure and recruitment of the staff for the proposed School and that a sum of Rs. 1.50 lacs will be spent for purchase of equipment for the AME School. Vide yet another letter dated 9.6.1980, the State Government was requested to sanction the necessary staff in the AME School. After some correspondences between the Advisor, Civil Aviation, Punjab and the State Government, the latter passed an order dated 7.1.1981 (Annexure P-7) according sanction "for the payment of Rs. 8.0 lacs as grant-in-aid to the Patiala Aviation Club, Patiala, for the establishment/running of Aircraft Maintenance Engineering School at Patiala".

(3.) Since the grant-in-aid was sanctioned in favour of Patiala Aviation Club, it may be relevant to mention at the stage that the above stated Club is a 'Society' registered on 15.5.1962 under the Societies Registration Act, 1860 and its founding members included (i) the then Commissioner, Patiala Division; (ii) Deputy Inspector General of Police, Patiala Range, Patiala; (iii) Superintendent of Police, Patiala; (iv) Chief Engineer, PWD, Patiala; (v) Deputy Commissioner, Patiala and (vi) two private businessmen. The Club has its own Rules and Regulations which enables it to take Government officers as ex-officio members.