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2018 DIGILAW 1755 (HP)

Northern International Educational and Research Centre v. State of Himachal Pradesh

2018-09-30

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT : SANJAY KAROL, J. 1. Petitioner, by the medium of this petition has mainly prayed for the following reliefs: “ (a) Decision dated 17/07/2017 of the Council of Ministers of Respondent State, forming part of (Annexure P-21,) and communicated through letter dated 22/07/2017 (Annexure P-22) withdrawing the Essentially cum Feasibility / No Objection Certificate dated 31/05/2016 (Annexure P-14) issued to the Petitioner for starting GNM/B.Sc. (N) institute in attached with Dr. RPGMC Tanda, being illegal, arbitrary, unconstitutional, discriminatory, irrational and unreasonable be quashed and set aside. (b) Respondents be directed through an appropriate writ order or direction to grant and issue afresh Essentiality cum Feasibility/ No Objection Certificate in favour of the Petitioner for starting GNM/B.Sc. (N) institute in attachment with Dr. RPGMC Tanda, and further direct the Respondents to take all follow up steps in the direction of grant of requisite permissions, approvals/sanctions, affiliations etc. so as to enable the Petitioner to start and effectively run the aforesaid courses. (c) That following the recommendation of the Directorate Level Evaluation Committee (Annexure P-18), the Respondent State be directed to revive the earlier Essentiality cum Feasibility/No Objection Certificate dated 31/05/2016 Annexure (P-14) qua the Petitioner or issue such certificate afresh and further direct the Respondents to take all follow up steps in the direction of grant of requisite permissions, affiliations so as to enable the Petitioner to start and effectively run the aforesaid courses. (d) That Respondents be further directed to issue and grant the Petitioner all requisite No Objections, Affiliation (s) to enable the Petitioner to effectively commence and start the aforesaid courses and commence the process of admissions of prospective candidates/students and to run the aforesaid courses. (e) That any other appropriate writ order or direction to which the Petitioner is found entitled to in the facts and circumstances of the case so as to enable it to commence and run the aforesaid courses in its proposed campus at Village Ghurkari, Tehsil and District Kangra (H.P.) be also made in the interest of justice.” 2. For the reason that SLP No. 027377 of 2017 titled Jyoti Education Welfare Society Regd. For the reason that SLP No. 027377 of 2017 titled Jyoti Education Welfare Society Regd. vs. The State Of Himachal Pradesh is pending before the Hon'ble Supreme Court of India, in which present writ petitioner is party respondent, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition, with liberty to file a fresh petition, on same and subsequent cause of action, if so required and desired, depending upon outcome of the SLP. Permission granted. 3. Accordingly, petition is disposed of as withdrawn alongwith pending applications, if any, with liberty as prayed for. However, it is made clear that limitation shall not come in the way of the petitioner.