PREMSUKH MATOTHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed seeking directions to the respondents to grant subsidy. Petitioner Dr. Prem Sukh Marothi is a medical practitioner. He established a nursing home at Nokha and got himself registered as a small scale industry and provisional certificate was issued to him on 10-11-82 and thereafter permanent certificate was issued to him on 28-9-83. It is averred that it was the declared policy of the State of Rajasthan and Rajasthan Financial Corporation that financial assistance would be provided to small scale industrial units by way of loan at nominal interest and grant of subsidy, and the scheme included the financial assistance on ECG and x-ray machines. The petitioner applied for loan which was granted to him on 11-10-82 vide Annex. 3 and he was directed that he should apply for the subsidy. Thereafter, the petitioner applied for the grant of 15% subsidy amounting to Rs. 19,400 vide his application Annex. 4 but the subsidy was not granted to him and RFC infomed vide letters Annx. 5 and 6 that since the unit was service based, it was not eligible to State subsidy. The petitioner's case is that the unit was established at Nokha which is backward area for the purpose of industries and because of the directions of the Government of India vide Annx. 7 and 8, the petitioner was entitled to the subsidy. It is averred that subsidy was granted to similar units situated at Jodhpur, Sujangarh and other places

(2.) In the reply, respondent No. 2 i.e. Rajasthan Financial Corporation stated that the application for subsidy was to be considered by the Government and if the subsidy was sanctioned by the Government this respondent could disburse the amount.

(3.) Respondent No. 1, the State of Rajasthan, averred that since the petitioner's unit was service based, it was not entitled to the grant of subsidy. In support of the reply letter Annx. R/1 dated 10-5-89 has been placed on record.