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2026 DAILYLAW 11017 (HP)

ABHILASHI UNIVERSITY v. STATE OF HP AND OTHERS

CWP/8044/2026 · 2026-06-02

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8044 of 2026 Decided on: 02.06.2026 ------------------------------------------------------------------------------------- Abhilashi University Chailchowk …..Petitioner Versus The State of H.P. and Ors ....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Sneh Bhimta, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N.Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge The order passed in this matter on 20.05.2026 noticed the grievance of the petitioner as under:- “Notice. Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents. 2. Petitioner seeks attachment of its students of Pharma.D. and Pharma. D.(PB) courses with respondent No.4- Sh. Lal Bahadur Shastri Govt. Medical College, Ner Chowk, Distt. Mandi, H.P. for training/internship. The subject matter is statedly governed by Memorandum of Understanding (MOU) executed between petitioner and respondent No.4 on 14.12.2022 with currency of 10 years i.e. valid till 13.12.2032. From the case, it 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 appears that said college had issued No Objection Certificate in petitioner’s favour, however, due to some later communications of State Officials, respondent No.4 on 03.03.2026 (Annexure P-17) solicited clarification from respondent No.2- Director, Medical Education & Research, Shimla, H.P for proceeding further in the matter. The clarification was sought in view of office letters dated 26.05.2025 and 17.07.2025 addressed to Principals of all Government Medical Colleges/ Dental Colleges of the State to the effect that “Permission for undergoing internship/training in r/o students undergoing Paramedical/ Allied Healthcare course in other institutions has been examined at Government level and has not agreed/ approved.” 3. Learned Senior Counsel for the petitioner submits that on account of aforesaid clarification prayed for by respondent No.4, which apparently till date has not been received from respondent No.2, students of petitioner institute are not being allowed clinical training/ internship in respondent No.4- College; That Para Medical Courses to which office letters dated 26.05.2025 & 17.07.2025 pertain, have got no bearing with the courses for which clinical training/internship is being sought by the petitioner as the students of petitioner are aspiring for training/internship in Pharmacy Doctoral Programme (Pharma.D) and Professional Pharmacy Doctoral Programme which are distinct from Paramedical courses to which the letters dated 26.05.2025 & 17.07.2025 refer to. Learned Senior Counsel for the petitioner also submits that all the conditions/pre- requisites for commencing the Pharma courses in question had been complied with by the petitioner and it is for this reason that MOU was executed between petitioner and respondent No.4 on 14.12.2022 & respondent No.4 had already permitted internship/ training to three previous batches of students of the petitioner institute. 3 4. In view of above submission, let learned Deputy Advocate General to have instructions in the matter. Issue be examined and in case Pharma courses for which petitioner is seeking attachment of its students for clinical training/internship with respondent No.4 College in view of MOU executed between these two, are distinct from the Paramedical Courses and there is no legal hurdle in granting permission as prayed for by the petitioner, same be also cleared in accordance with law& accorded by the next date. Reply/instructions be filed by the next date. List on 01.06.2026.” 2. Pursuant to above, learned Additional Advocate General placed on record office instructions dated 01.06.2026 from the Director, Medical Education & Research, Himachal Pradesh, relevant portion of which reads as under:- “Subject: CWP No. 8044/2026 -Titled as Abhilashi University Vs. State of Himachal Pradesh and Others. Sir, Kindly refer to your good office letter no. CWP 8044/2026- dated 21.05.2026, on the subject cited above. In this regard, it is submitted that vide letter dated 03.03.2026 the respondent no. 4 i.e. Principal SLBSGMC, Ner Chowk has requested for necessary clarification with regard to Pharma D Course one year internship training. The present respondent no. 2 i.e. DME&R, H.P. has examined the matter and vide letter dated 01.06.2026 has give necessary clarification to the Principal Concerned i.e. Respondent no. 4, copy 4 enclosed as FLAG A for the kind perusal of the Hon'ble Court. This is for your kind information and further necessary action please. It is requested that the same may kindly be brought to the notice of the Hon'ble Court on 01-06-2026 or on the next date of hearing(s) please.” 3. Learned counsel for the petitioner submits that above office instructions have now redressed the grievance of the petitioner. 4. In view of above, present writ petition to stand disposed of . Pending application(s), if any, also to stand disposed of. Jyotsna Rewal Dua June 2, 2026 Judge R.Atal