Satyam Educational Society vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

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

(i) That the writ of certiorari may kindly be issued to quash the impugned order dated 06.04.2020 i.e. Annexur P­9 passed by respondent No.3 and the impugned order dated 0303.2020 i.e. Annexure P­10 passed by the respondent No.1.

(ii) That writ in the nature of mandamus may kindly be issued directing the respondents to issue the Essentiality Certificate/No Objection Certificate to the petitioner­Society to run the course veterinary pharmacist for the Academic Session 2020­2021.

(iii) The respondent may kindly be ordered to grant approval to impart the courses of Veterinary Pharmacist for the Academic Session 2020­2021 with 100 seats intake.

(iv) That the writ in the nature of mandamus may kindly be issued to respondent No.4 kindly grant the affiliation to the petitioner­Society."

The issue in question is squarely covered by the judgment rendered by a co­ordinate 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 ten days, subject to the condition, as may be imposed. Respondent No.4 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 Himachal Pradesh Krishi Vishav Vidyalya 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 04.08.2020.