IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 451/2007 Decided on:8.9.2009 ________________________________________________ Citizen Rights Protection Forum. …Petitioner. Versus State of Himachal Pradesh and another. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. B.S. Chauhan, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate General for respondent No.1. Mr. Lovneesh Kanwar, Advocate for respondent No.2. ________________________________________________________ This is a public interest litigation filed against the action of the respodnents whereby amendment has been carried out in the Himachal Pradesh Board of School Education Affiliation Regulations, 1992. The amendment reads thus: “16.13 AUTOMATIC AFFILIATION OF GOVERNMENT INSTITUTIONS: 1 Whether reporters of the local papers may be allowed to see the judgment? 2 All Government Institutions which prepare their candidates for the examinations conducted by the Board shall be deemed to have been affiliated by the Board. Such Institutions shall also be exempted from making any formal application to the Board or from the payment of affiliation fee or extension fee.” Mr. B.S. Chauhan, Advocate has strenuously argued that the rigours of affiliation should also apply to Government institutions and there should not be any exemption or automatic affiliation of Government institutions with the Himachal Pradesh Board of School Education. Mr. R.K. Bawa, learned Advocate General and Mr. Lovneesh Kanwar, Advocate have vehemently argued that the Government institutions cannot be compared with the private institutions. They then contended that it is the duty cast upon the State to run maximum number of schools to achieve 100% literacy in the State of Himachal Pradesh. We have heard the learned counsel for the parties and have gone through the pleadings carefully. There is merit in the submission of Mr. R.K. Bawa, learned Advocate General appearing on behalf of the State that the Government institutions cannot be compared with the private institutions. The Government while opening schools and running the existing schools always ensure as far as practicable taking into consideration the financial health that these institutions are run properly. There can be teething problems as far as opening of new schools is concerned, but with the passage of time there is always scope for improvement. The new institutions are open in remote 3 areas and due to geographical conditions it cannot be possible for the State Government to provide infrastructure and wherewithal at the initial stage. The wholesome principle to lay down the conditions for affiliation for private institutions is to avoid mushrooming of schools with only aim to earn profits. Accordingly, we uphold the amendment carried out in the Himachal Pradesh Board of School Education Affiliation Regulations, 1992 whereby the Government institutions have been exempted from seeking affiliation. However, before parting with the judgment, we direct the respondent-State to take into consideration the recommendations made by the Comptroller and Auditor General of India in the Audit Report (Civil and Commercial) for the year ending 31st March, 2006 contained in para 3.1.21 of Annexure P-4. With these observations, the writ petition is disposed of. There shall, however, be no order as to costs. (R.B. Misra), Acting Chief Justice. (Rajiv Sharma), Judge. 8.9. 2009. *awasthi*