PARVATI KUMARI Vs. STATE GOVERNMENT THROUGH THE SECRETARY

JUDGEMENT

(1.) These three writ petitions have been filed by Smt Parvati Kumari and others. She happens to be the Principal of Sanjay Gandhi Smarak Mahila College, Sheikhpura. In substance, by these three writ petitions reliefs that are sought by the petitioners are :

(2.) It may be noted that initially, the first writ petition was filed in the year, 1999 followed later by the other two writ petitions. They were all admitted for final hearing.

(3.) Counter affidavits have been filed with replies thereto. At one stage, petitioners brought on record that there were several colleges which were established, affiliated later than the petitioners; colleges that were not found fit to be taken over but all those colleges were granted the deficit grant status, which is more than recurring grant and, some of them were even made constituent. But, for no good reason or no reason at all, petitioners? college was never considered even though they had recommendations for take over and/or financial support from the Chancellor of the University, from the Chief Minister and from the University as well. When such affidavits were filed, this Court directed the State to specifically respond to the issues in relation to the facts as pleaded. Number of adjournments were granted but State, on one pretext or the other, avoided filing direct affidavit on the issues. At one stage, it was even reported that in respect of those colleges suddenly the files disappeared from the Secretariat relieving them of the obligation to controvert the facts. This Court took a very strict view of the matter and then one by one the files reappeared but State decided not to file any further counter affidavit controverting the facts in relation to the petitioners? college or for that matter, facts relating to other colleges.