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2021 Supreme(HP) 58

SANDEEP SHARMA
Maharishi Markandeshwar University – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. K.D. Shreedhar, Senior Advocate with Mr. Sameer Thakur, Advocate.
For the Respondent:Mr. Ajay Vaidya, Senior Additional Advocate General.

JUDGMENT :

SANDEEP SHARMA, J.

1. The question, which has fallen/arisen for determination in the case at hand is, “whether the respondent State has any authority/power to compel the petitioner-University to reserve seats more than 25% for the students who are bona fide Himachalis, especially when under Section 31(4) of the Maharishi Markandeshwar University (Establishment and Regulations) Act, 2010 (hereinafter, ‘2010 Act”), petitioner- University is under obligation to reserve at least 25% seats for bona fide Himachalis.”

2. For having bird’s eye view, certain undisputed facts as emerge from pleadings adduced on record by respective parties are as under:

    2.1 Petitioner-University came to be established under the Act (Annexure P-1) with the approval of Medical Council of India and other authorities. Subsequently, Petitioner-University established Maharishi Markandeshwar Medical College and University at Kumarhatti District Solan. After receiving approval from the Medical Council of India for making admissions to 150 seat in MBBS for the sessions 2013-14 and keeping in view the provisions of S.31 (4) of Act and other enabling provisions under the Act, petitioner started imparting educati

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