BHATT EDUCATIONAL SOCIETY Vs. STATE OF H. P.
LAWS(HPH)-2021-1-43
HIGH COURT OF HIMACHAL PRADESH
Decided on January 06,2021

Bhatt Educational Society Appellant
VERSUS
STATE OF H. P. Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) The writ petitioner seeks, the rendition, of, a mandamus upon the respondents, for, issuing the espoused NOC, for, ensuring its intaking students, for, the relevant course(s), as, may or are operated therefrom. Moreover, the writ petitioner also espouses, for, the issuance, of, a mandamus, upon the respondents, for the latter(s) permitting the apposite students hence taking, to, pursue courses, at its institute, for, vis-a-vis, practical, and, clinical trainings, theirs becoming bed attached with the hospitals concerned. Even though, the petitioner, as reflected at page No. 55 of the paper book, became enjoined to hold the requisite bed capacity, rather within its premises, and, for wants thereof the espoused NOC, is, unpurveyable qua it. However, since Annexure P-6, makes an exemption therein, inasmuch as, the State of Himachal Pradesh, becoming exempted, from the operation, of, the mandate, borne at page 55 of the paper book, thereupon, prima-facie, the writ petitioner, may, become enabled to strive, qua the afore espoused mandamus being made upon the respondents.
(2.) Be that as it may, even if the writ petitioner, is, or may become engaged in the business/profession, of, operating educational institution(s), rather for the relevant purpose, yet, the apposite therewith fundamental right also becomes amenable, for, imposition thereons, of, reasonable restriction(s). However, since the prosecution of studies, in the apposite course(s) operated or to be by the petitioner institution, does for, ensuring the students concerned, becoming professionally empowered, and, also for theirs acquiring optimum skills, vis-avis, the relevant faculty, or, specialty, hence concomitantly require imparting(s), of, clinical trainings, to them, through bed attachments being made, at hospital(s) concerned, (a) thereupon, the institution concerned became enjoined to hence become bed attached, for, facilitating the students to obtain clinical training(s) hence through apposite bed strength(s) rather being available with the hospitals concerned. Consequently, the dire necessities, of, availability of the afore, is, both a reasonable and just restriction, and nor hence it untenably fetters the fundamental rights, if any, of, the writ petitioner, to, profess its avowed business, or, profession.
(3.) Be that as it may, the essentiality certificate, borne in Annexure P-3, became accorded to the writ petitioner, and, the longevity, of, the tenure, of Annexture P-3, as imminent upon a reading of clause-6 thereof is upto a period, of, two years, from issuance thereof, and, thereafter, a condition is also borne therein, that, upon the institute concerned, not becoming functional, during the afore phase, of, two years, the apposite essentiality, or, no objection certificate, as, accorded to the writ petitioner-institute, rather ipso facto, terminating or expiring.;


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