SWETA SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The above writ petition has been filed seeking for the following relief:

(2.) Heard Mr. K.D. Sood, learned Counsel appearing for the Petitioners. We have carefully considered the submissions of the learned Counsel, reiterated at the time of the arguments on the basis of the above claims made in the affidavit filed in support of the writ petition. In our view, there are no merits whatsoever in the said claim. Obtaining of sanction for establishing a College, and administering the same or actually commencing a College by making it fully and effectively functional or commencing a course in such a College already functioning and as to the date from which such College or course must be effectively made functional are all matters or policy within the exclusive provenance of the Respondent-State and it would depend upon ever so many other requirements and considerations to be satisfied and it is not merely by grant or accord of sanction by the Competent authority alone that would entitle the Petitioners to claim or assert their rights to compel the Respondents to commence a College or commence a course in the College in any particular session and admit them to such courses. The permission and sanction, at best is only a step in aid of such establishment or commencement. The claim of the Petitioners is also based on merely some news item and as to the credence to be placed upon it, apart, the terms and conditions subject to which it would have been granted and compliance with and fulfilment of those conditions, if any, have to be seen through, and the Petitioners cannot be allowed to claim or assert for any of their rights on such news item alone and seek for any relief in this writ petition, at this stage. The choice in this regard as also to the discretion should vest with the Respondents, having regard to the financial and other commitments and obligations involved in the matter.

(3.) For all the reasons stated above, the writ petition fails and shall stand dismissed. It is still open to the Petitioners, if they so desire to approach the Respondent-State and its authorities seeking for appropriate relief, and the dismissal of this writ petition shall not stand in the way of the Respondents to decide to commence the courses, if otherwise permissible in law and without violating the criteria, conditions and regulations to be adhered to and complied with in this regard.