1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8305 of 2024 Decided on: 22.05.2026 Shimla Educational Society Trust and another …..Petitioners Versus Atal Medical & Research University ..Respondent ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Suneet Goel, Sr. Advocate with Mr. Vivek Negi, Advocate. For the Respondent: Ms. Reena, Advocate vice Mr.Sandeep K. Pandey, Advocate. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “a. Directed the respondent University to produce entire record pertaining to the case; b. Direct the respondent University to forthwith accord affiliation to the petitioners for the academic session 2024-25 for the M.Sc. Nursing course after conducting the inspection of the petitioners College/ Institution; c. That the petitioners may kindly be allowed to admit students in M.Sc. Nursing course for 05 seats the academic session 2024-25 by participating in the ongoing online counseling process for admissions or in the alternative at its own level from all available sources; d. Direct the respondent University to refund sum of ₹99710/- illegally realized by it on account of alleged shortfall in the affiliation fees 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 and deposited by the petitioners without in any manner conceding the contents of letter dated 31.07.2024 and subject to settlement of accounts.” 2. On hearing learned counsel for the respondent, following order was passed in this matter on 22.08.2024:- “CWP No.8305 of 2024 & CMP No.14055 of 2024 No fresh instructions have forth come from the respondent in response to the order passed on 21.08.2024. 2. Heard learned counsel for the parties. 3. Petitioners’ grievance is that they are not being permitted to participate in the counselling scheduled by the respondent for M.Sc. Nursing for academic session 2024-25. Learned counsel for the petitioners contends that permission is being declined by the respondent to the petitioners for participating in the counselling for varying reasons in different communications. 3(i). Reference was made to office order dated 04.01.2024 (Annexure P-2), in terms of which, the time schedule for submitting the application forms for affiliation for different courses was till 01.03.2024 for academic session 2024-25. It is an admitted position that the period for submission of fee without late fee was extended upto 15.04.2024. The fee schedule for B.Sc. Nursing, Post-Basic B.Sc. Nursing and M.Sc. Nursing is part of office order dated 04.01.2024. 3(ii). Learned counsel for the petitioners pointed out the documents appended at page Nos.44-50 of the paper book and on that basis submitted that the requisite fee for the aforesaid three courses had been deposited by the petitioners through RTGS in the account of the respondent on 16.03.2024. Attention was also invited to the Essentiality & Feasibility/No Objection Certificate dated 23.08.2023 issued in favour of the petitioner by the Secretary (Health) to the Government of 3 Himachal Pradesh and addressed to the Registrar, H.P. State Nurses Registration Council (Page Nos. 51 & 52 of the paper book). 3(iii). Learned counsel for the petitioners submitted that on the basis of the aforesaid No Objection Certificate, the petitioners have been permitted to participate in the counselling for B.Sc. and Post-Basic B.Sc. Nursing courses for academic session 2024-25, however, they have been illegally and arbitrarily denied participation in the counselling for M.Sc. Nursing Course for academic session 2024-25. Reference was also made to office communication dated 12.04.2024, issued to the petitioners by the respondent, complaining that the petitioners had not furnished the requisite fee alongwith the application for M.Sc. Nursing course for academic session 2024-25 and therefore, the petitioners should now deposit the scheduled fee alongwith late fees of Rs.1,50,000/-. 3(iv). Learned counsel also adverted to communication dated 02.07.2024 (Annexure P-7) from respondent No.1, reiterating that the petitioners had not deposited the fee for M.Sc. Nursing course for academic session 2024-25 and the response dated 04.07.2024 (Annexure P-8) of the petitioner to the aforesaid office communication, detailing the deposit of the fee alongwith mode & manner of such deposit. Reference was also made to respondent’s office communication dated 31.07.2024 (Annexure P-9), whereby the respondent changed the amount of the fees demanded from the petitioners. 3(v). Learned counsel for the petitioners further submitted that even though the petitioners had deposited the requisite fee within the prescribed time schedule, yet, to avoid any complications with an eye on the approaching counselling schedule, the excess amount of Rs.99,710/- was also deposited by the petitioners, as is indicated by them in their communication dated 01.08.2024 (Annexure P-10). 4. It is the contention of learned counsel for the petitioners that the requisite fee for undertaking B.Sc. Nursing, Post-Basic B.Sc. Nursing and M.Sc. Nursing courses had been deposited by the 4 petitioners within the indicated time schedule; The petitioners had the requisite documents in place for running all these three courses; The petitioners were also in possession of the No Objection Certificate for academic session 2024-25 for running these three courses; On the basis of these very documents, the petitioners had been permitted to participate in the counselling for B.Sc. Nursing and Post-Basic B.Sc. Nursing, however, despite having furnished the requisite fee, the petitioners are being illegally denied by the respondent from participating in the counselling for M.Sc. Nursing course for academic session 2024- 25. Learned counsel for the respondent submitted that the petitioners had not deposited the requisite fee within the indicated time schedule and had not furnished the No Objection Certificate for the academic session 2024-25, therefore, they are not entitled to participate in the counselling for M.Sc. Nursing course for academic session 2024- 25. 5. In view of the documents placed on record by the petitioners including the ones evidencing the deposit of requisite fee and considering that time is the essence where the counselling for M.Sc. Nursing course for academic session 2024-25 has been scheduled by the respondent w.e.f. 05.08.2024 to 31.08.2024, as also keeping in view the fact that the respondent has already permitted the petitioners to participate in the counselling for B.Sc. Nursing as well as Post-Basic B.Sc. Nursing courses 2024-25 on the basis of No Objection Certificate dated 23.08.2023 (page Nos.51 & 52 of the paper book), it is ordered that the petitioners be permitted to participate in the counselling for M.Sc. Nursing course for academic session 2024- 25, provisionally. The name of the petitioners- Institution be reflected by the respondent on its web-portal in the list of colleges/institutions eligible to participate in the counselling for M.Sc. Nursing for academic session 2024-25 during the course of the day. Reply be filed by the respondent within three weeks. 5 List on 17.09.2024.” 3. Even though the respondent has not filed reply, however, it is an admitted position that above interim order has been complied with and the grievance of the petitioners regarding reliefs Nos. b & c stands satisfied. Learned Senior counsel for the petitioners submits that surviving grievance of the petitioners is only concerned with relief No.d wherein the petitioners seek refund of an amount of ₹99,710/- which had been illegally realized from it by the respondent on account of alleged shortfall in the affiliation fees. That petitioners had to deposit the aforesaid amount with the respondent under compulsion. 4. Keeping in view the surviving grievance of the petitioners, the interim order dated 22.08.2024 and the fact that grievance of the petitioners under reliefs No. b & c now stands redressed, it is deemed appropriate to grant liberty to the petitioners to move the respondent by preferring a comprehensive representation concerning rederesal of its grievance under relief No.d within two weeks from today. On receipt of such representation, respondent No.1 shall decide the same in accordance with law after giving an opportunity of hearing to petitioners/ 6 its authorized representations within six weeks thereafter. The decision so arrived at shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous applications (s), if any. Jyotsna Rewal Dua May 22, 2026 Judge yogesh