HP High Court: Infrastructure allocation a policy matter, not for students to decide

The Himachal Pradesh High Court has dismissed a petition filed by students of Sardar Patel University, Mandi, challenging the decision to hand over a RUSA-funded building at Maharaja Lakshman Sen Memorial (MLSM) College in Sundernagar to the college. Justice Ajay Mohan Goel ruled that the decision regarding the university’s infrastructure is a policy matter within the jurisdiction of the State Higher Education Council, the Department of Higher Education, and the Himachal Pradesh Government, and cannot be dictated by students.

The petitioners – research scholars and postgraduate students – argued that they enrolled in the university based on the expectation that classes would be conducted from the MLSM College campus as per the Memorandum of Understanding (MoU) between the university and stakeholders. They contended that handing over the building to MLSM College caused undue hardship, as they would now have to attend classes at alternative locations far from Sundernagar.

However, the State contended that the allocation of infrastructure was a policy decision taken collectively by all stakeholders, including the State Higher Education Council, Rashtriya Uchchatar Shiksha Abhiyan (RUSA), the Department of Higher Education, and the MLSM Trust and College. The Executive Council of the university, in its 4th meeting held on June 13, 2025, approved the government’s decision to hand over the RUSA building to MLSM College. The court noted that the petitioners had neither challenged the prior approval of the government nor the decision of the Executive Council.

Justice Goel emphasized, “This Court reiterates that where the infrastructure of the Cluster University is to come up is the domain of the respondents, and it is not for the petitioners to dictate the respondents as to where they should come up with their infrastructure.”

The court also noted that alternative infrastructure had been provided to Sardar Patel University through newly handed-over RUSA-funded buildings at Government College Bassa (Gohar) and Government College Drang at Narla, both located near Mandi. Observing no arbitrariness or illegality in the government’s decision, the court dismissed the petition.