The Gautam Girls College Management Committee Versus State of Himachal Pradesh and others. CWP No: 4958 of 2021 14.02.2025 Present: Mr. Dushyant Dadwal, Advocate, for the petitioner. Mr. Gobind Kolra, Additional Advocate General, for the respondent No.1-State. Mr. Dinesh K. Thakur, Advocate, for Respondent No.2-Atal Medical and Research University. Mr. Ketan Singh, Advocate, vice Ms. Archna Dutta, Advocate, for Respondent No. 3 Himachal Pradesh University. CMP No. 2256 of 2025. Petitioner [Gautam Girls College Management Committee], a Registered Society, Hamirpur at Hamirpur, has come up before this Court by way of the instant application for placing on record communication dated 06.02.2025 [Annexure A-1] and the response dated 10.02.2025 [Annexure A-2] submitted thereto with further the prayer for staying implementation of communication dated 6.2.2025 [Annexure A-1], whereby, Respondent No 2-University has directed the petitioner to deposit Temporary Affiliation Fees for Academic Sessions 2022-23, 2023- 24, 2024-25 and 2025-26, on the ground, that once the petitioner was granted the Temporary Affiliation by Respondent No 3-University [HPU] for running nursing courses then, after creation/incorporation of Respondent No 2-University [AMR&U] in the year 2019, the petitioner could not be made to seek Temporary Affiliation every year by invoking First Ordinance of the Respondent No 2-University [Annexure P-14] which is contented to be illegal and when, the legality thereof, has been assailed by petitioner and the same is pending adjudication bin instant writ petition, besides other claims in in the writ petition. 2. Upon listing of the instant application, on mention memo, Mr. Dushyant Dadwal, Learned Counsel for the petitioner-applicant was heard at length. 3. After hearing the Learned Counsel for the petitioner, this Court was reluctant to stay the communication dated 6.2.2025 [Annexure A-1] annexed with the application, for the reason, that firstly, mere pendency of writ petition laying a challenge to First Ordinance, Annexure P-14, of Respondent No 2-University [AMR&U] cannot be a plea for deferring the communication dated 6.2.2025 [Annexure A-1]; and secondly, the First Ordinance mandating an Institute to seek the Temporary Affiliation Every Year is presumed to be intra-vires until the same is declared ultra- vires by a Court, which is not the position in the instant case, as on day; and thirdly, even Section 48 of the Himachal Pradesh University of Health Sciences Act 2017 provides that colleges related to disciplines of health sciences are required to be affiliated to Respondent No 2-University i.e. Atal Medical Research and University and the First Ordinance Annexure P-14 provides for affiliations {Provisional, Temporary and Permanent} which prima-facie originates from a Statute i.e. [Himachal Pradesh University of Health Sciences Act 2017[, therefore, in these circumstances, this Court refrains itself from staying the operation of communication dated 6.2.2025 [Annexure A-1]; in totality. 4. Faced with this situation, Learned Counsel for the petitioner, Mr. Dushyant Dadwal, at this stage, furnishes, a copy of the Instructions dated 14.02.2025 [Taken on Record], containing an undertaking that the petitioner shall deposit 70% of the Temporary Affiliation Fees for the Academic Sessions 2022-23, 2023-24, 2024-25 and 2025-26 with Respondent No 2-University [AMR&U] on or before 20.02.2025. [Instructions-Undertaking Taken on Record]. 5. Based on Instructions, Learned Counsel for petitioner submits that upon deposit of 70% of Temporary Affiliation Fee for Academic Sessions 2022-23, 2023-24, 2024-25 and 2025-26 and upon making an application for Temporary Affiliation, the Respondent No 2-University may be directed to consider/examine the claim of petitioners for grant of Temporary Affiliation in accordance with law on or before 15.3.2025 ; so as to enable the enrolled students to take their examination, which may be conducted in the month of March- April, 2025 and thereafter. 6. Learned Counsel for petitioner submits that the prayer in respect of communication dated 6.2.2025, Annexure A-1, in this application; [as in Para 4 and 5 supra] and the deposit of 70% of temporary affiliation fees, may be made subject to the outcome of this claim and other claims made in the pending writ petition. 7. Per contra, Learned Counsel for Respondent No 2 University [Atal Medical and Research University] states on verbal instructions received, that in case Temporary Affiliation Fee is deposited in terms of Instructions-Undertaking furnished to this Court, the case of petitioner shall be examined/considered for Temporary Affiliation, in accordance with law. 8. Taking into account the entirety of facts and circumstances and leaving all questions open and without adverting to merits of the claim of petitioner for Temporary Affiliation upon deposit of Temporary Affiliation Fee in accordance with law; and without going into validity of communication dated 6.2.2025 [Annexure A-1], but keeping in view the limited prayer made by Learned Counsel for petitioner [in Paras 4 to 6 of this order], for directing Respondent No 2-University [AMR&U] only to consider/examine the claim of petitioner for Temporary Affiliation in accordance with law here-in-after and in order to safeguard the rights and to prevent any prejudice to parties herein, as the main writ petition is pending; therefore, in these circumstances, this Court disposes of the instant application [CMP No 2256 of 2025], in the following terms :- (i) Petitioner [Gautam Girls College Management Committee] shall deposit 70% of Temporary Affiliation Fee on or before 20.02.2025 with Respondent No 2-Atal Medical & Research University for academic session 2022-23 ; 2023-24 ; 2024-25 and 2025-26 as per existing norms of Respondent No 2-University, in view of the Instructions- Undertaking dated 14.3.2025 furnished to this Court today; (ii) Consequent upon the deposit of Temporary Affiliation Fee as in direction no (i) supra ; and upon making of a fresh application by petitioner for Temporary Affiliation hereinafter ; Respondent No 2- Atal Medical & Research University shall consider/examine the claim of the petitioner strictly inaccordance with law by passing appropriate orders on or before 15.3.2025 ; (iii). Failure to comply with direction no (i), in not depositing Temporary Affiliation Fee shall enable the Respondent No 2-University to take further action in the matter as in communication dated 6.2.2025 [Annexure A-1], inaccordance with law, if so desired ; (iv). Needless to say that that this Court has not observed anything regarding the eligibility or entitlement of the petitioner for Temporary Affiliation here-in-after; which may be examined by the Respondent No 2-University strictly inaccordance with law ; (v). Any deposit of 70% of Temporary Affiliation Fee and making of an application for temporary affiliation and the orders passed thereon by Respondent No 2 University; shall abide by the final outcome of the writ instant petition, which is pending before this Court ; 9. In aforesaid terms, the instant application stands disposed off. CWP No 4958 of 2021 Learned Counsel for the parties, jointly pray for early listing of this case, taking into account the fate of the students involved herein. The prayer appears to be genuine. Accordingly, as jointly prayed, the writ petition may be listed before the appropriate Bench on 21.03.2025, along with other connected cases i.e. CWP No.4508 of 2021, with CWP No.4982 of 2021. 14th February, 2025 (Ranjan Sharma) (™) Vacation Judge