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2026 DAILYLAW 10400 (UTT)

N S GAHLAUT COLLEGE OF NURSING AND PARAMEDICAL v. STATE OF UTTARAKHAND

WPMS/2538/2026 · 2026-08-19

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010147542026 2026:UHC:7450 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2538/2026 N S Gahlaut College of Nursing And Paramedical --Petitioner Versus State of Uttarakhand and others --Respondents Hon'ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. 2. Mr. I.P. Kohli, Standing Counsel for the State/respondent nos. 1 & 5. 3. Mr. Tarun Pande, Advocate for respondent no. 2, through video conferencing. 4. Mr. Atul Bahuguna, Advocate for respondent no. 3. 5. Mr. Ayush Khali, Advocate, holding brief of Mr. Shailendra Nauriyal, Advocate for respondent no. 4. 6. Petitioner intends to run B.Sc. Nursing Course in his college and he made application for essentiality certificate to the State Government. According to him, inspection has been carried out, however, essentiality certificate is yet to be issued. 7. Learned State Counsel, however, submits that there is one Nursing College in near vicinity of petitioner, which is running at Village Raipur Mundaiya, District Udham Singh Nagar and it is also running B.Sc. Nursing UKHC010147542026 2026:UHC:7450 Course. 8. Learned counsel for petitioner submits that Hardev Singh Smarak College is not functional and it is only proposed and the distance of petitioner- college from the existing college i.e. Sri Sai Nursing College, is 6.1 kilometers. 9. Learned State Counsel, however, disputes the said contention by relying upon a document enclosed as Annexure-7 to the writ petition, which is a list of Nursing Colleges, functional in State of Uttarakhand, in which at item no. 26, name of Hardev Singh Smarak College is mentioned. 10. Learned counsel for the petitioner, however, submits that the said list does not indicate that all those colleges are functional and it only indicates that inspection qua those colleges is proposed. 11. Be that as it may, since the matter is pending before the State Government, therefore, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in the State Government. If he makes representation within two weeks from today, decision thereupon shall be taken, as per law, within six weeks thereafter. All stakeholders shall also be heard while taking any decision. (Manoj Kumar Tiwari, J.) 19.08.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403 d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6 ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.08.19 17:57:38 +05'30'