The main legal point established in the judgment is that the State's conduct estopped it from denying the issuance of 'No Objection Certificate' to the petitioners based on new norms introduced after their application, applying principles of promissory estoppel and equitable estoppel.

Ajay Mohan Goel, J. :

By way of this writ petition, the petitioners have prayed for the following reliefs:

“(a) That the respondent No. 1 may kindly be directed to issue NOC (no objection certificate) on the basis of old norms Annexure P-2 for the start of Post graduation classes (MSC) in Physics, Chemistry, Botany, Zoology, Math and also M.Com for the session 2016-2017 in the petitioner institute.

(b) That the respondent No. 2 may be directed to extend the date of counseling in MSC in Physics, Chemistry, Botany, Zoology, Math and also M.Com for the session 2016-17.

(c) That the respondent No. 2 may kindly be directed to dispense with the requirement of inspecting as the inspection has already been conducted by respondent No. 1.

(d) That the respondent No. 2 may kindly be directed to grant the affiliation to the petitioner in order to start with the M.Sc. in Physics, Chemistry, Botany, Zoology, Math and also M.Com for the session of 2016-17.

(e) Any other relief deemed fit and proper in the facts and circumstances of this case may also be granted in favour of the petitioners.

(f) Costs of the petition may also be awarded to the petitioners.”

2. Brief facts necessary for the adjudication of the present case are that Department of Higher Education, Government of Himachal Pradesh issued Notification dated 23rd August, 2010, vide which it notified norms and guidelines for the grant of “No Objection Certificate” to Societies/Trusts/Institutions, who intended to start courses in the State of Himachal Pradesh in private sector, i.e. (i) Graduate Courses in Arts, Science, Media/Journalism, Commerce, Sanskrit, Law including BBA, BCA and other courses affiliated to H.P. University and recognized by U.G.C. (ii) Postgraduate Courses in Arts, Science, Media/Journalism, Commerce, Sanskrit, Law, Business Administration including PGDCA and other courses affiliated to H.P. University and recognized by U.G.C. The case of the petitioners is that as the said society was interested in starting Post graduation courses in the subjects of Physics, Chemistry, Botany, Zoology, Math and M.Com, it applied to the Directorate of Higher Education, Government of Himachal Pradesh vide communication dated 19.11.2015 for the issuance of “No Objection Certificate” in consonance with the norms/guidelines laid down by the Government of Himachal Pradesh in this regard vide Notification dated 23rd August, 2010. As per the petitioners, it was having infrastructure as well as facilities which were contemplated under the norms issued by the respondent/State dated 23rd August, 2010 and accordingly, it applied to the Directorate of Higher Education vide communication dated 19.11.2015 for inspection of college for the purpose of issuance of “No Objection Certificate”. It is further the case of the petitioners that the college of the petitioners was inspected by Director of Higher Education on 24.06.2016 and in the inspection so carried out, it was found that the College of the petitioner- Society was fulfilling all the norms, however, when despite this “No Objection Certificate” was not issued in favour of the College of the petitioner-Society, it made a request in this regard to the respondent- State vide communication dated 06.07.2016. As per the petitioners, before this vide communication dated 08.06.2016, they also applied to respondent No. 2-University for inspection of their College and for the issuance of affiliation to run post graduate courses for the session 2016- 2017 after depositing the requisite fee etc. in this regard. As per the petitioners, when they visited the office of Director, Higher Education on 15.07.2016, the petitioners were informed by the Director that “No Objection Certificate” was not being issued in favour of the petitioner- Society as the institute in issue had not purchased the books. Pursuant to this, an undertaking was given by the petitioner-Society on the asking of the respondent-State that institute shall purchase books amounting to Rs.50,000

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