Court on Its Own Motion Vs State of Hp and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

Court on Its Own Motion Vs State of Hp and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether any further orders were required in the suo motu Public Interest Litigation concerning the enhanced contractor-run mess charges (tender rate Rs.1100/- above the current rate) at the Government Nursing College, SLBSGMC&H, Nerk Chowk, in view of the subsequent negotiated reduction in rates and respondent No.4's possession of the requisite licence.

Court's answer

By 08.10.2025 the mess rate stood negotiated at Rs.3450/- per student (down from Rs.3800), and service provider-respondent No.4 held the requisite licence under the statute printed as the Food and Safety and Standards Act, 2006 — valid 18.05.2022 to 17.05.2024, renewed 17.06.2024 to 16.06.2026 — and was in possession of the licence at the time of award of the tender.

Ratio / Principle

In these circumstances, further orders are not required to be passed in the present petition, which is accordingly disposed of.

Key takeaways

All pending miscellaneous application(s), if any, shall also stand disposed of.ratio¶5

Detailed headnote1 paragraphs

Suo motu Public Interest Litigation (CWPIL No.83 of 2024, High Court of Himachal Pradesh, Shimla; decided 07.05.2026 by G.S. Sandhawalia, CJ and Bipin Chander Negi, J) arising from a Students Nursing Association communication regarding contractor-run mess services at the Government Nursing College, SLBSGMC&H, Nerk Chowk, District Mandi, where the tender rate was Rs.1100/- above the prevailing rate. An 08.04.2025 withdrawal communication bore none of the original signatories, so the proceedings were not brought to an end. By 08.10.2025 the per-student rate had been negotiated to Rs.3450/- (from Rs.3800) and contractor-respondent No.4 held a licence under the statute printed as the Food and Safety and Standards Act, 2006 (valid 18.05.2022–17.05.2024; renewed 17.06.2024–16.06.2026), in his possession at the time of award of the tender. The Court concluded that no further orders were required and disposed of the petition, with all pending miscellaneous applications standing disposed of.

1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPIL No.83 of 2024

Date of Decision : 07.05.2026

Court on its own motion …… Petitioner

Versus

State of Himachal Pradesh and others …… Respondents

Coram:

The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice

The Hon’ble Mr. Justice Bipin Chander Negi, Judge

Whether approved for reporting?¹

For the Petitioner : Mr. Vinay Mehta, Advocate as Legal Aid Counsel. For the Respondents : Ms. Priyanka Chauhan, Deputy Advocate General, for respondents No.1 to 3/State. Mr. Adarsh K. Vashista, Advocate, for respondent No.4.

G.S. Sandhawalia, Chief Justice (Oral)

The present Public Interest Litigation was initiated on the basis of a communication received from the Students Nursing Association of the Government Nursing College, SLBSGMC&H, Nerk Chowk, District Mandi regarding the running of the mess, as such, under the Contractor who provided the said services. The grouse in principle was that tender rate as such was substantially enhanced, which was Rs.1100/- higher than the current rate.

It was noticed by the Co-ordinate Bench of this Court on 08.04.2025 that a communication has been received by the Registrar

1 Whether reporters of Local Papers may be allowed to see the judgment?

2

General indicating that the students, as such, wanted to withdraw the Court case regarding high mess charges in reference in present petition on voluntary basis. It was also noticed that none of the signatories of fresh communication were the signatory in the earlier communication and the proceedings as such were not brought to an end.

On 08.10.2025, it was noticed that the rates have now been negotiated to Rs.3450/- from Rs.3800 per student and the service provider-respondent No.4 has requisite licence, as such, under the Food and Safety and Standards Act, 2006. The affidavit filed also mentions that respondent No.4 has a licence which was valid w.e.f. 18.05.2022 to 17.05.2024 and the same was further renewed w.e.f. 17.06.2024 to 16.06.2026 and respondent No.4 was in possession of the said licence at the time of award of the tender.

In these circumstances, we are of the considered opinion that further orders are not required to be passed in the present petition. Accordingly, the same is disposed of.

All pending miscellaneous application(s), if any, shall also stand disposed of.

( G.S. Sandhawalia) Chief Justice

( Bipin Chander Negi) May 07, 2026 (KS) Judge