IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6938 of 2026 Decided on: 07.05.2026 _________________________________________________________________ Shiksha Jyoti Public Senior Secondary School, Rurhan, District Hamirpur ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Uday Singh Banyal, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S.Dhaulta, Additional Advocate General for respondents No. 1 and 3. Mr. Abhishek Nagta, Advocate, for respondent No.2. Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S.Dhaulta, learned Additional Advocate General and Mr. Abhishek Nagta, learned counsel, appear and waive service of notice on behalf of the respective respondents. 2. This writ petition has been filed for grant of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - following substantive relief:- “1. Allow the present writ petition and Issue a writ of Mandamus directing the Respondents not to insist upon obtaining Fire Department NOC, particularly recurring Fire NOCs, in respect of the Petitioner-school, which is housed in a building having a height of less than 15 meters, and to act in accordance with the provisions of the Himachal Pradesh Fire Fighting Service Act, 1984, the National Building Code of India, 2016, and the law laid down by the Hon'ble Supreme Court in Jupally Lakshmikantha Reddy v.State of Andhra Pradesh & Anr. 2025 SCC OnLine SC 1950.” 3. Learned counsel for the petitioners makes out a grievance that even though petitioner is not required to have a No Objection Certificate from the Fire Department, height of petitioner’s building being less than 15 mtrs. in view of decision rendered in Jupally Lakshmikantha Reddy Vs. State of Andhra Pradesh & Anr2, however, respondent No.2 has not decided petitioner’s representation dated 31.01.2026 (Annexure P-4 colly) on issue No. 6 therein, which pertains to subject matter raised in this writ petition. 2 2025 SCC OnLine SC 1950 - 3 - Learned counsel for respondent No.2 states that on receipt of petitioner’s representation, the same was forwarded to the Director of School Education, Himachal Pradesh, who is the Competent Authority for taking call on the subject issue, but no response thereto has been received as yet. 4. Looking to the grievances of the petitioner, but without examining the merits of the case, this writ petition is disposed of with liberty reserved to the petitioner to file a representation to respondent No.1 within a period of one week. In case such a representation is so filed, the same shall be considered and decided by the respondent No.1/ Competent Authority in accordance with law, within two weeks thereafter. The decision so taken, be communicated to the petitioner. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge May 07, 2026 R.Atal