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2025 DAILYLAW 4242 (HP)

MAA JANKI COLLEGE OF NURSING v. THE STATE OF HP AND OTHERS

CWP/11284/2025 · 2026-07-27

Jyotsna Rewal Dua

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11284 of 2025 Decided on: 27. 07.2026 ------------------------------------------------------------------------------------- Maa Janki College of Nursing …..Petitioner Versus State of H.P. and others. . .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vijay Kumar Arora, Sr. Advocate with Mr. Hitansh Raj, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No. 1 to 3. Mr. Kapil Sharma, Advocate vice Mr. Vijender Katoch, Advocate, for respondent No.4. Ms. Tanu Sharma, Advocate, for respondent No.5. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:- “a) Issue an appropriate writ, order or direction in the nature of mandamus, thereby directing the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Respondents, particularly the Respondent No. 2 & 3 to immediately communicate the outcome/report/findings of the inspection conducted at the Petitioner's institution for conversion of 40 ANM seats into 20 GNM and 20 B.Sc Nursing seats in pursuant to the letter dated 16.09.2024 (Annexure P-11), and to take consequential action in accordance with law; b) Issue an appropriate writ, order or direction directing the Respondents to include the Petitioner's institution in the counselling and seat allocation matrix for the academic session 2025-26 for the said courses by adjusting the seats of ANM Course into 20 GNM and 20 B.Sc Nursing seats, so as to avoid loss of academic year.” The main prayer of the petitioner is for conversion of 40 ANM seats into 20 GNM and 20 B.Sc. Nursing seats. 2. In terms of the reply filed by respondents No. 1 and 2, respondent No.3-the Sub Divisional Magistrate-cum- Chairman, Inspection Committee, Sub Divisional Office, Hamirpur, H.P. had conducted inspection of basic infrastructure and other facilities at the proposed location of the institute on 08.10.2024; The report was submitted to respondents No. 1 and 2 on 19.10.2024; On consideration thereof, it was decided to seek bed strength of the proposed Government hospitals; Reply further states that meeting of the Directorate Level Evaluation Committee to examine 3 the SDM level inspection report, regarding bed strength of the proposed Government hospitals in respect of petitioner’s institute for conversion of 40 ANM seats into 20 B.Sc. Nursing and 20 seats for GNM programmes was fixed on 17.03.2025; While examining the SDM level inspection report, it was found that built up area of the petitioner’s institute was not as per Indian Nursing Council norms; It, therefore, was unanimously decided by the Directorate Level Evaluation Committee to request the SDM level Inspection Committee to re-examine the matter and also to assess the built up area of teaching and hostel blocks of petitioner’s institute and re-submit the report with clear recommendations; That on 05.04.2025, respondents No. 1 and 2, requested respondent No.3 to again re-examine the assessment of the built up area of teaching and hostel blocks of the petitioner institute. 3. It appears that respondent No.3 has in turn issued an office letter on 29.07.2025 to respondent No.2 to direct the Member Secretary of the Inspection Committee for re-inspection/verification in order to submit the report. 4. The reply as filed by respondents No. 1 and 2 is clear indicator that application of the petitioner is not 4 being considered by the respondents. Petitioner’s application is being tossed from one Committee to other Committee for the purpose for re-examining/re- inspection/re-assessment of the built up area. The petitioner alleges damages being caused to it on account of delay at the end of the respondents in discharging their duties. Taking note of the stand in the reply, this writ petition is disposed of by directing respondents No.1-3 to do the needful in terms of their own stand, by re- examining/re-inspection of the petitioner’s proposed institute within a period of two weeks from today. Based upon the recommendations of the Committee/Competent Authority, further requisite action on the application moved by the petitioner, be also taken within the aforesaid period. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua July 27, 2026 Judge R.Atal