DHRUB DEV SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this common Judgment, we propose to dispose of all these eight writ petitions together as the same involve similar and overlapping questions. These writ petitions have been filed by the students/parents of the students of the respective eight Government Degree Colleges, who claim to be affected by the decision of the State Government of closing down the said Colleges-as they were pursuing degree courses therein for the academic year 2012-2013. In all these 8 petitions, the State Government, by issuing notification on different dates between 23rd June, 2012 to 6th September, 2012, started new Government Degree Colleges in Rewalsar, Nihri, Ladbharol, Baldwara, in District Mandi, Sarahan in Sirmaur District, Nankhari in District Shimla, Kasauli in District Solan and Kotla Behar in District Kangra, respectively. Pursuant to the concerned notification, the 8 Colleges were started on different dates from academic year 2012-2013, purportedly in public interest. After opening of the Colleges, the admission process was taken forward, which, however, resulted in admission of only 19, 14, 37, 10, 12, 4, 2 and 16 students in the respective 8 Colleges. This factual position is not in dispute. It is also not in dispute that each of these eight Colleges have been started in a make-shift 3 to 5 rooms premises for the College set apart from building of the Government Senior Secondary Schools operated in the concerned area; and in the case of newly started College at Nihri, District Mandi, from four rooms of the premises of a Cooperative Society. In other words, admittedly, none of these Colleges have their own building for running the College. As a matter of fact, the arrangement was purely temporary to effectuate the notification issued by the Secretary (Education), to the Government of Himachal Pradesh, to open the concerned new Government Degree College.

(2.) As aforesaid, inspite of due publicity, only limited number of students could be admitted in the concerned Colleges. The State Government, therefore, after review of the situation, decided to close down the said Colleges by issuing order, dated 2nd March, 2013, thereby denotifying the opening of the said eight new Government Degree Colleges primarily on three grounds: firstly because of very low enrollment of students; secondly due to lack of infrastructure; and thirdly having found that there are other Colleges in close proximity. This decision of the State Government is the subject matter of challenge in these eight petitions, concerning the respective Colleges.

(3.) The challenge is on the argument that the students who were admitted in the concerned eight new Colleges have legitimate expectation to continue their degree course in the said Colleges. Secondly, the plea taken by the State Government in the reply-affidavit about the financial difficulty can be no basis to overturn the decision taken by the previous ruling political party, which is now in Opposition. According to the petitioners, the plea taken by the State Government in the reply-affidavit filed to oppose these petitions about financial inability and, more particularly, that no budgetary provision has been made for opening of the new Colleges, is belied by the official documents indicative of opening of DDO accounts for the concerned College, which presupposes that it was done only after budgetary arrangement was in place. In other words, the decision was replete with political vendetta and not for any legal and tangible consideration. Further, one of the ground stated in the impugned decision for closing of the concerned Colleges, of close proximity of other Colleges, is completely misleading and contrary to the ground reality. In that, in some cases, the students will have to travel the distance of almost 50 kilometers everyday to attend the other College-where they would be accommodated after closure of the present College. According to the petitioners, each of these Colleges were started by the State Authorities after due deliberations and after assessing the requirement to start such College in the concerned area. The impugned decision of closure of the concerned eight new Government Degree Colleges, therefore, ought to be quashed and set aside. To buttress the above submissions, the petitioners would rely on the decisions of the Apex Court in the cases of Miss Mohini Jain v. State of Karnataka and others, 1992 AIR(SC) 1858 , State of Tamil Nadu and others versus K. Shyam Sunder and others, 2011 8 SCC 737 and Ujwal Bahuuddeshiya Shikshan Sanstha versus Shambhu Shikshan Sansthan and others, 2005 10 SCC 293.