SHIVA INSTITUTE OF PHARMACY v. THE STATE OF HP AND ANOTHER
CWP/11384/2025 · 2025-08-25
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20418 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20418 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:28705 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11384 of 2025 Decided on: 25.08.2025 Shiva Institute of Pharmacy
… Petitioner Versus The State of Himachal Pradesh & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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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 relief:-
“A) That writ may kindly be allowed and the respondent No.1 may kindly be directed to grant No Objection Certificate to the petitioner institute for starting up new Programme in Pharmacy (M. Pharmacy in Pharmaceutical Chemistry ) from Session 2025-26.”
2. Learned Counsel for the petitioner submits that there is no impediment in the grant of No Objection Certificate in favour of the petitioner, yet the same has been denied to the petitioner, whereas the Institutions which are similarly situated have already been granted No Objection Certificate. He has referred to Page 52 of the Paper Book to demonstrate that on one hand No Objection has 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28705 been granted in favour of Sampati Devi Memorial Pharmacy College, on 02.06.2025, subject to removal of deficiency the case of the petitioner is not being approved despite the fact that there are no deficiencies and the case stands completely processed. 3. Learned Advocate General has referred to the Instructions, dated 19.08.2025 and submitted that the matter is under the consideration of the Government in light of the contents of the said Instructions. 4. Having heard learned Counsel for the petitioner as well as learned Advocate General and taking into consideration the fact that as per the petitioner, it is being discriminated vis-a-vis similarly situated persons, this petition is disposed of with the direction that let an appropriate decision in the case of the petitioner be taken within a period of two weeks from today and in case the petitioner is fulfilling all the eligibility criteria and if similarly situated Institutions have been granted No objection Certificate, then this be kept into consideration while passing the final order. 5. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge August 25, 2025 (Rishi)