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2025 DAILYLAW 14866 (HP)

SHIVA EDUCATIONAL SOCIETY v. THE STATE OF HP AND ANOTHER

CWP/8259/2025 · 2025-08-25

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:28707 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8259 of 2025 Decided on: 25.08.2025 Shiva Educational Society … Petitioner Versus The State of Himachal Pradesh & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Kulbhushan Khajuria, Advocate. For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Sumit Sharma, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “A) That writ may kindly be allowed and the communication dated 13.5.2025 contained in Annexure P-11 may kindly be quashed and set aside and the decision contained therein may kindly be declared as null and void. B) That the respondent No.1 may kindly be directed to issue Letter of Intent (LOI) to the petitioner institute to establish Shiv Multipurpose Health Worker (Male) Training Institute at Village Luhnoo Kanatain, PO Chandpur, Distt. Bilaspur and for starting up MPHW(M) course.” 2. I have heard learned Counsel for the petitioner as well as learned Advocate General. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28707 3. Learned Advocate General informs the Court that the position as it is today is that the matter has been discussed by the Cabinet and it has been decided that call thereupon will either be taken by the Cabinet or the highest Authority within some reasonable time. He submits that needful is likely to be done within six weeks. 4. Learned Counsel for the petitioner submits that whereas permission has not been granted to the petitioner, on the pretext that the decision has to be taken by the Cabinet. Institutions similarly situated as the petitioner have already been granted permission that that too in the month of September, 2024. 5. Be that as it may, having perused the impugned order (Annexure P-11), this Court is of the considered view that to some extent the petition is pre-mature. In terms of Annexure P-11, the case of the petitioner has not been rejected by the Authority, but it has been intimated that taking into consideration the larger picture, the Government intends to take a decision with regard to feasibility of granting permission to such kind of Institution to crop up in the State of Himachal Pradesh. 6. In the light of the statement of the learned Advocate General that the Government of Himachal Pradesh is already seized of the matter, this petition is closed with the direction that whatever has to be done at the end of the State be positively done within a 3 2025:HHC:28707 period of three weeks from today and appropriate decision be taken in the case of the petitioner accordingly. 7. The petition stands disposed of, in above terms. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 25, 2025 (Rishi)