2025:HHC:23332 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11146 of 2025. Decided on : 17.07.2025 Jakh Institutional Society. …Petitioner Versus State of Himachal Pradesh and another. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Ms. Minakshi Sharma, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. With the consent of the parties, this petition is being disposed of, at this stage. 3. By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “i) To issue writ int eh nature of mandamus with a command to the respondents to issue necessary NOC in 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:23332 favour of the petitioner to run Post Basic (Nursing) course as recommended by the Committee with an intake capacity of 40 seats.” 4. The petitioner is aggrieved by Annexure P/15, Communication dated 27.03.2025, which reads as under:- “In this context, it is stated that the Directorate Level Evaluation Committee evaluated the SDM Level Inspection Committee report as per the directions/orders of the Hon'ble High Court passed in CWP No. 5806/2021 and thoroughly examined the report of SDM Level Inspection Committee as per the guidelines of the Indian Nursing Council dated 20.04.2018 and according to governing body i.e. Indian Nursing Council "An institute already offering B.Sc.(N) programme is eligible to establish Post Basic B.Sc. (N) course" whereas at that time your institute does not have B.Sc. Nursing programme and Directorate Level Evaluation Committee recommended the case for starting of B.Sc. Nursing course strictly as per Indian Nursing Council norms applicable at that time and accordingly, the Government had issue the Essentiality & Feasibility/No Objection Certificate in favour of your nursing institution for starting of B.Sc. Nursing seats with 40 seats. 3 2025:HHC:23332 Therefore, you are directed to apply afresh for starting of new Post Basic B.Sc. Nursing course in your institution as and when the Expression of Interest called by the Government. This is for your information and necessary action at your end.” 5. Learned counsel for the petitioner submitted that when the petitioner institute applied for running of B.Sc Nursing course, it simultaneously also applied for the running of Post Basic B.Sc Nursing course, for which it also deposited the requisite fee, with the respondents. She further submitted that now the respondents cannot take a U-turn and call upon the petitioner to apply afresh for starting of new Post Basic B.Sc Nursing course. 6. On the other hand, learned Additional Advocate General submitted that when the petitioner applied for the Post Basic B.Sc Nursing course, the institute had not yet been permitted to run B.Sc Nursing Course. He further submitted that only those institutions which already stand granted permission to run B.Sc. Nursing course, are eligible to run new Post Basic B.Sc Nursing course. Accordingly, he submitted that as there is infirmity in Communication dated 27.03.2025, the petition be 4 2025:HHC:23332 dismissed. 7. Learned counsel for the petitioner submitted that even if the petitioner has to apply afresh then the fee which was taken by the respondents from the petitioner for this particular course, be adjusted. 8. Learned Additional Advocate General submitted that in case, any fee has been paid by the petitioner for this course i.e. new Post Basic B.Sc Nursing course, then it will be adjusted, but if today the fee is in addition to what it was at that time, then the petitioner will have to pay the balance fee. 9. Be that as it may, taking into consideration the fact that it could not be disputed before this Court that only those institutions are eligible to apply for new Post Basic B.Sc Nursing course which already are running B.Sc Nursing course and when the petitioner had applied for the new Post Basic B.Sc Nursing course in the year 2018, it had not yet been granted any permission to run B.Sc Nursing course, this Court finds no infirmity in Annexure P-15, dated 27.03.2025, this writ petition is disposed of with the direction that the petitioner, if so advised, may apply afresh for starting new Post Basic B.Sc 5 2025:HHC:23332 Nursing course. This obviously will be when expression of interests are invited by the Government. In such an eventuality, if any fee has been paid by the petitioner earlier with regard to new Post Basic B.Sc Nursing course then it be adjusted by the respondents. This does not means that the petitioner will not have to pay any fee at all. All that this Court is observing is that the amount which has been paid by the petitioner earlier, be adjusted and additional amount, if any, shall be demanded from the petitioner. 10. With these observations, this writ petition is disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 17, 2025 (Shivank Thakur)