S.D.R. College Of Pharmacy, ... vs State Of U.P. Thru. Prin. Secy., ...
2023 Latest Caselaw 26366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62453
 
Court No. - 8
 

 
Case :- WRIT - C No. - 8092 of 2023
 

 
Petitioner :- S.D.R. College Of Pharmacy, Chandauli Thru. Chairman, Vikas Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy., Technical Education, Lucknow And 2 Others
 
Counsel for Petitioner :- Gopal Pandey
 
Counsel for Respondent :- C.S.C.,Ravi Singh
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for petitioner, Shri Ravi Singh, learned counsel for respondent no.2 and learned Standing Counsel for respondent nos.1 and 3.

2. Present petition has been filed by the petitioner challenging the order dated 18.05.2023 whereby the request of grant of No Objection Certificate (N.O.C.) was rejected.

3. Learned counsel for petitioner places reliance on the judgment and order dated 22.09.2023 passed by this Court in Writ-C No.4953 of 2023 with following directions:

"E. CONCLUSION

(40) For all the aforesaid reasons, the above-captioned writ petitions are disposed of with the following directions :-

i. Impugned letter dated 18.05.2023 issued by the Secretary of the Board and consequential order, if any, in reference to the impugned letter dated 18.05.2023 are hereby quashed.

ii. Liberty is granted to the State Government/Board to take action on the issue, in accordance with law, if so desires.

iii. If the State Government/Board refers any issue in respect of the petitioners/institutions to the PCI, this Court hope and trust that the PCI shall make an earnest endeavour to consider and decide the same, in accordance with law, after affording opportunity to the aggrieved person(s) expeditiously.

(41) All pending applications also stands disposed of in terms of the above final order.

(42) Needless to say, this Court has not expressed any opinion on the merits of any individual cases, which shall be guided by their own individual facts and circumstances.

(43) There shall be no order as to costs."

4. In view of the fact that this Court has already decided the issue and the present petition is similar to the one decided by this Court, the directions given in Writ C No.4953 of 2023 shall apply to the present petitioner also.

5. In thereof, the order dated 18.05.2023 is quashed in the same reasoning. It is clarified that Board shall take decision, in terms of the leave granted by this Court strictly in accordance with law.

6. Writ petition is disposed of in aforesaid terms.

.

[Pankaj Bhatia,J.]

Order Date :- 26.9.2023

-Amit K-