KARNAIL SINGH Vs. IQBAL KHANDAY & ANR.

JUDGEMENT

(1.) This contempt petition is filed for the wilful disobedience of judgment dated 11.09.2012 passed in WPPIL No. 15/2011.

(2.) Heard Mr. Abhinav Sharma, learned counsel appearing for the petitioner and Mr. Rakesh Khajuria, AAG appearing for respondent no. 1 and Mr. Gagan Basotra, Advocate appearing for respondent no. 2.

(3.) On 31.12.2008 the University Grants Commission (UGC) sent a communication to all Education Secretaries of all the State Governments and Union Territories, stating that the Government of India is taking proactive measures for expansion of higher educational facilities to ensure that all the States in the country achieve the national average of gross enrolment ratio in higher education, and has decided to establish Model Degree Colleges in 374 Districts in the Country where the gross enrolment ratio in higher education is less than the national average. It was further stated that the Central assistance under the scheme shall be provided through UGC and will be limited to rd of the capital cost subject to a limit of Rs. 2.67 crores per college in the selected districts and the balance requirement of the capital cost along with recurring costs would have to be met by the State. It was stated that the UGC constituted an Expert Committee to prepare a Detailed Project Report on the modalities and after the report was prepared the UGC in its meeting held on 21.05.2008 resolved to ask the State Government and Union Territories to identify the suitable locations for Degree Colleges in each of the Districts where there are no colleges and the proposal were to be sent to the UGC after obtaining the State Governments willingness to contribute either on its own or through identified non-for-profit partners to meet the balance cost. The new Degree colleges were to be commenced from academic session 2009-2010. On 03.09.2009 another communication was sent by the UGC stating that for special category States the expenditure will be shared in the ratio of 1:1 i.e. 50 °i by the UGC and 50% by the State. It was also mentioned that an undertaking by the State Government has to be furnished before release of funds in the prescribed format. The State Universities and all the States were requested to send the proposal and a meeting of the State Education Secretaries was also fixed on 19.09.2009 at 10.30 A.M. in the UGC main office New Delhi. Thereafter the State Governments were to identify the location of the Backward Districts and submit a proposal to the UGC. The respondents herein also sent proposal and in the State of J&K 11 Districts were identified as Educationally Backward Districts, namely, Anantnag, Kupwara, Doda, Budgam, Leh (Ladakh), Kargil, Poonch, Udhampur, Rajouri, Baramulla and Kathua. Even though Reasi District was formed in the year 2007 the said District was not identified for locating a College. Based on the said list submitted, the UGC sanctioned a college to Udhampur District, however, the Government of J&K by Government Order No. 264-Hr. Edu of 2011 dated 29.06.2011 instead of locating a college in Udhampur District, which was sanctioned by the UGC based on the recommendation of the State Government, ordered establishment of Model Degree College in Reasi District, namely, Government Degree College, Sarh Bagga, Mahore of District Reasi. According to the petitioners same had happened as the Education Minister at that time was hailing from that District, namely, Reasi.