Himachal Pradesh High Court
Decided On : 17.07.2025 vs State Of Himachal Pradesh And Another on 17 July, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2025:HHC:23332
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 11146 of 2025.
Decided on : 17.07.2025
.
Jakh Institutional Society.
...Petitioner
Versus
State of Himachal Pradesh and another.
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner : Ms. Minakshi Sharma, Advocate.
For the respondents : Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
Notice. Mr. Pushpinder Jaswal, learned Additional
Advocate General, accepts notice on behalf of the respondents.
2. With the consent of the parties, this petition is being
disposed of, at this stage.
3. By way of this writ petition, the petitioner has, inter
alia, prayed for the following relief:-
"i) To issue writ int eh nature of mandamus with a
command to the respondents to issue necessary NOC in
1Whether reporters of the local papers may be allowed to see the judgment?
2025:HHC:23332
favour of the petitioner to run Post Basic (Nursing)
course as recommended by the Committee with an
intake capacity of 40 seats."
.
4. The petitioner is aggrieved by Annexure P/15,
Communication dated 27.03.2025, which reads as under:-
"In this context, it is stated that the Directorate
Level Evaluation Committee evaluated the SDM Level
Inspection Committee report as per the directions/orders
of the Hon'ble High Court passed in CWP No. 5806/2021
and thoroughly examined the report of SDM Level
Inspection Committee as per the guidelines of the Indian
Nursing Council dated 20.04.2018 and according to
governing body i.e. Indian Nursing Council "An institute
already offering B.Sc.(N) programme is eligible to
establish Post Basic B.Sc. (N) course" whereas at that
time your institute does not have B.Sc. Nursing
programme and Directorate Level Evaluation Committee
recommended the case for starting of B.Sc. Nursing
course strictly as per Indian Nursing Council norms
applicable at that time and accordingly, the Government
had issue the Essentiality & Feasibility/No Objection
Certificate in favour of your nursing institution for starting
of B.Sc. Nursing seats with 40 seats.
2025:HHC:23332
Therefore, you are directed to apply afresh for
starting of new Post Basic B.Sc. Nursing course in your
institution as and when the Expression of Interest called
.
by the Government. This is for your information and
necessary action at your end."
5. Learned counsel for the petitioner submitted that
when the petitioner institute applied for running of B.Sc Nursing
course, it simultaneously also applied for the running of Post
Basic B.Sc Nursing course, for which it also deposited the
requisite fee, with the respondents. She further submitted that
now the respondents cannot take a U-turn and call upon the
petitioner to apply afresh for starting of new Post Basic B.Sc
Nursing course.
6. On the other hand, learned Additional Advocate
General submitted that when the petitioner applied for the Post
Basic B.Sc Nursing course, the institute had not yet been
permitted to run B.Sc Nursing Course. He further submitted that
only those institutions which already stand granted permission
to run B.Sc. Nursing course, are eligible to run new Post Basic
B.Sc Nursing course. Accordingly, he submitted that as there is
infirmity in Communication dated 27.03.2025, the petition be
2025:HHC:23332
dismissed.
7. Learned counsel for the petitioner submitted that
even if the petitioner has to apply afresh then the fee which was
.
taken by the respondents from the petitioner for this particular
course, be adjusted.
8. Learned Additional Advocate General submitted that
in case, any fee has been paid by the petitioner for this course
i.e. new Post Basic B.Sc Nursing course, then it will be
adjusted, but if today the fee is in addition to what it was at that
time, then the petitioner will have to pay the balance fee.
9. Be that as it may, taking into consideration the fact
that it could not be disputed before this Court that only those
institutions are eligible to apply for new Post Basic B.Sc
Nursing course which already are running B.Sc Nursing course
and when the petitioner had applied for the new Post Basic
B.Sc Nursing course in the year 2018, it had not yet been
granted any permission to run B.Sc Nursing course, this Court
finds no infirmity in Annexure P-15, dated 27.03.2025, this writ
petition is disposed of with the direction that the petitioner, if so
advised, may apply afresh for starting new Post Basic B.Sc
2025:HHC:23332
Nursing course. This obviously will be when expression of
interests are invited by the Government. In such an eventuality,
if any fee has been paid by the petitioner earlier with regard to
.
new Post Basic B.Sc Nursing course then it be adjusted by the
respondents. This does not means that the petitioner will not
have to pay any fee at all. All that this Court is observing is that
the amount which has been paid by the petitioner earlier, be
adjusted and additional amount, if any, shall be demanded from
the petitioner.r
10. With these observations, this writ petition is
disposed of. Pending miscellaneous application(s), if any also
stand disposed of accordingly.
(Ajay Mohan Goel)
Judge
July 17, 2025
(Shivank Thakur)
