Gautam Girls College Management Committee vs State Of H.P. And Another

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following substantive reliefs:

“A) That the respondents may kindly be directed to issue permission/ approval/ NOC/Essentiality Certificate to the petitioner within some stipulated

time, with the further prayer to inspect the petitioner’s institute within next 10 days with the further directions to grant permission to admit 100

students in the course of Veterinary Pharmacist in this session so that course can commence from the scheduled time.

B) That the respondents may please be directed to produce the entire and complete records with respect to all the other institutes to whom the

NOC/Essentiality Certificates have been granted on political patronage basis for its kind perusal, which has been carried out by the various concerned

authorities, so that justice can be done to the petitioner also.â€​

The issue in question is squarely covered by the judgment rendered by a co-ordinate Bench of this Court in CWP No.2206 of 2018 titled Thakur

College of Education vs. State of H.P. and others, decided on 20.11.2018.

Accordingly, the judgment cited supra shall apply mutatis mutandis in the present case. The petition is allowed, the action of the respondents is set

aside and the State of Himachal Pradesh is directed to issue Essentiality Certificate to the petitioner within 10 days, subject to the condition as may be

imposed. The respondents shall grant affiliation within one week thereafter and the petitioner shall be permitted to admit the students in a transparent

manner, strictly in order of merit in the presence of an Observer to be appointed by the respondents at the expenses of the petitioner within another

one week thereafter.

The petition is disposed of in the aforesaid terms, so also the pending application(s), if any.

For compliance, list on 10.09.2020.

Authenticated copy be supplied to the parties by the Court Master.