The Punjab and Haryana High Court has remarked that if the UT Administration does not submit a satisfactory explanation for not reimbursing the dues to Bhartiya Vidya Bhawan, “future admissions for the coming academic session in the EWS category” will be stayed.
A Bench of Justice Sudhir Mittal observed that “in case a satisfactory explanation for the figure of Rs.29 lacs is not forthcoming, future admissions for the coming academic session in the EWS category, shall be stayed”.
The Bench passed the order after the Chandigarh Administration counsel had no answer to the submission of the counsel of Bhartiya Vidya Bhawan, which approached the High Court for restraining the Chandigarh Administration from compelling the petitioner to admit students under the EWS category till the previous dues are reimbursed.
The petitioner’s counsel, Senior Advocate Manisha Gandhi, contended that almost Rs 2.5 crore is due on account of reimbursement for admission since 2011-12 in the EWS category. Despite a specific order, dated October 26, 2020, having been passed in this writ petition, no steps have been taken to pay the due amount. Thus, it would be unfair to expect the petitioner to continue making admissions under the EWS category unless and until the past dues are reimbursed. The matter has been pending with the Chandigarh Administration since 2012.
The counsel for Chandigarh Administration, however, submitted that a conscious decision has already been taken in terms of the order, dated October 26, 2020, and a detailed written statement shall be filed before the next date of hearing with a copy in advance to learned counsel for the petitioner. The petitioner is entitled to reimbursement of Rs 29 lakh against the claim of Rs 2.5 core approximately, because, it is not entitled to reimbursement of expenses incurred on students belonging to the EWS category admitted pursuant to the terms of their letter of allotment of land. Thus, against claims made for 25 per cent, the petitioner is entitled to reimbursement only for 15 per cent.
Senior Advocate Gandhi submitted that the amount of Rs 29 lakh takes care of expenses incurred while admitting the students at the entry level. Every year, the same number of students is admitted and they are promoted to the next class. Thus, the strength goes on increasing and the Chandigarh Administration has not taken care of the expenses incurred on account of increasing strength.
When the UT counsel had no answer to the aforementioned submission, the matter was adjourned for hearing on December 16.
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