Swami Vivekanand Education Society vs State of Himachal Pradesh

Sanjay Karol, J.—Petitioners'' grievances essentially pertains to the non allotment of students to their Institution(s) pursuant to the Common Entrance Test conducted by the H.P. Board of School Education. It is seen that there are certain factual aspects which can not be gone into in these petitions, till such time, the respondent/authorities themselves take a decision in that regard. It is also seen that some of the petitioner Institution(s) approached the respondent/authorities but no decision was taken by them and as such they were forced to approach this Court. It is also seen that the next academic session would commence some time in the month of June/July 2012. Hence, in view of the attending facts and circumstances, it would be only appropriate that respondents No. 1/2 to take a decision with regard to the allocation of seats to the petitioner Institution(s) in accordance with law. While taking such decision, the authorities shall advert to all contentions, including factual aspects, raised by the parties before this Court. Liberty granted to the parties to place additional material before the authorities within a period of one week from today. Needless to add, before taking any decision, all concerned shall be afforded adequate opportunity of hearing/representation. Decision be positively taken, by passing a speaking order within a period of six weeks from today. Liberty granted to the petitioners to approach the Court if need so arises subsequently. The present petitions are disposed of with the aforesaid directions.

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