State of HP & Anr. vs. Human Welfare Educational Society CMP(M) No. 1607 of 2025 Item No. D-9 27.10.2025 Present: Mr. Anup Kumar Rattan, Advocate General and Mr. Arsh Rattan, Deputy Advocate General, for the applicants. CMP(M) No. 1607 of 2025 Keeping in view the averments made in the application, duly supported by an affidavit of Special Secretary (Health), Government of Himachal Pradesh, delay of 90 days’ in filing the Appeal is condoned. The application stands disposed of. Appeal be registered. LPA No. 753 of 2025 and CMPST No. 45842 of 2025 Be registered. Learned Advocate General for the appellants has submitted that the only issue for consideration is whether the cabinet has the jurisdiction as such to reject the case or not and therefore the learned Single Judge has exceeded the jurisdiction of opining that whether the Cabinet was justified or not in rejecting the case of the present appellant. The matter requires consideration. Admit. However, we decline the grant of stay, keeping in view the fact that the institution has set up a built up area of 56417.42 sq. ft. which is more than the area required under INC norms i.e. 54,470 sq. ft., for B.Sc. Nursing Course and therefore, directions to consider the case afresh in terms of the directions earlier issued in CWP No. 7148 of 2022 titled as Human Welfare Education Society vs. State of HP & Another, shall be adhered to within a period of eight weeks from today, as apparently there was a recommendation (Annexure R1) for the grant of 25 seats as per the bed strength available in the hospital. It is also apparent that the learned Single Judge was well justified to hold that there were no reasons given to reject the application in toto. Resultantly, the competent authority shall take a recall on the issue within the abovesaid period as there was no basis/ ground to decline the issuance of the NOC to start the institute. ( G.S. Sandhawalia ) Chief Justice 27th October, 2025 ( Jiya Lal Bhardwaj ) (Anurag) Judge