Allahabad High Court
Dr. Subhash Chandra Kulshreshtha ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 6 January, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:770
Court No. - 19
Case :- WRIT - C No. - 122 of 2025
Petitioner :- Dr. Subhash Chandra Kulshreshtha Educational Society, Thru. Authorized Signatory Bittu Kumar
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education, Lko. And 3 Others
Counsel for Petitioner :- Parth Anand,Paavan Awasthi
Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Ravi Singh
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite party No.1, Mr. Atul Kumar Dwivedi learned counsel for opposite parties 2 and 3 and Mr. Ravi Singh learned counsel for opposite party No.4.
2. Petition has been filed seeking following reliefs:-
"a. Issue writ, order or direction in the nature of certiorari quashing the order dated 29.01.2024 in so far as it relates to the petitioner, passed by the opposite party no. 2, i.e., the University directing the petitioner's institution to re-apply for grant of consent of affiliation and no-objection certificate for the B. Pharma Course, true copy of which is annexed herewith as Annexure No. 1;
b. Issue writ, order or direction in the nature of certiorari quashing the letter number 479889/2024/16-1099/1279/2019 dated 29.01.2023 issued by the opposite party no. 1, i.e., the State Government after summoning its original from opposite party no. 1;
c. Issue writ, order or direction in the nature of certiorari quashing the order dated 13.10.2023 passed by the opposite party no. 1, recommending the University not to grant affiliation to the institutions on account of failure of the University in submitting perspective plan/feasibility report, with respect to the academic session 2024-25 in so far as it relates to the petitioner, true copy of which is annexed herewith as Annexure No. 2;
d. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.11.2023 passed by the Respondent no. 2 with respect to the academic session 2024-25 in so far as it relates to the petitioner, as contained in Annexure No. 3 to this writ petition
e. Issue writ, order or direction in the nature of mandamus commanding the opposite party no. 2 University to grant the requisite Affiliation to the petitioner for conducting B. Pharma Course for 60 seats for the academic session 2024-25 as per the approval granted by the Pharmacy Council of India;
f. Issue writ, order or direction in the nature of mandamus commanding the Opposite Party no. 2 University to permit and enable the petitioner to take admissions for the B. Pharma Course for academic session 2024-25;"
3. The dispute in present petition pertains to grant of affiliation to petitioner institution for the B Pharma courses for academic session 2024-25 in pursuance of approval granted by Pharmacy Council of India but without any prior no objection certificate having been issued by the State Government under the government order dated 5th January, 2024.
4. The aforesaid issue is squarely covered by judgment and order dated 9th December, 2024 rendered by this Court in Writ C No. 1786 of 2024, Bhardwaj Shiksha Sewa Samiti Thru. Its Authorized Signatory Vishal Upadhyay versus State of U.P. and others and other connected matters.
5. The relevant portion of the judgment is as follows:-
" 2. Petition has been filed challenging orders dated 29.01.2024, 13.10.2023, 19.10.2023, 29.11.2023 pertaining to directions issued to petitioner for obtaining necessary No-Objection Certificate from the State Government in terms of Government Order dated 05.01.2024 for purposes of consideration of their affiliation to the Dr. A.P.J. Abdul Kalam Technical University for conducting B.Pharma course for the academic session 2024-25 with such No Objection Certificate being prescribed in the Government Order dated 05.01.2024.
xxx xxxx xxxx
4. It is submitted that however since the aforesaid approvals were granted without the State Government issuing any No Objection Certificate, the University sought a clarification from the State Government with regard to the same, whereafter the impugned order dated 29.01.2024 has been passed requiring all such Institutes to first obtain No Objection Certificate from the State Government.
xxx xxx xxxx
10. It is also admitted between learned counsel for parties that there is no statutory prescription or even any other guideline, apart from one issued by Pharmacy Council of India, for grant of No Objection Certificate by the State Government.
xxx xxxx xxxx
13. Keeping in view the aforesaid aspect, it is thus evident that since the No Objection Certificate by the State Government is required only for the purposes of grant of approval by the Pharmacy Council of India, it is only the Pharmacy Council of India which can insist on such No Objection Certificate to be submitted by the Institutes for the purposes of its own approval.
14. In the present case, since admittedly the approval has already been granted by the Pharmacy Council of India, the further requirement of No Objection Certificate to be issued by the State Government becomes meaningless; particularly when the Pharmacy Council of India is not raising any objection with regard to the same.
15. In view of the aforesaid discussion, it thus becomes apparent that the mode and process required in terms of the Government Order dated 05.01.2024 would be inapplicable upon the petitioner Institutes who have already been granted approval by the Pharmacy Council of India with regard to No Objection Certificate. In view of aforesaid the only other proceeding required to be considered by the University is consideration of application for affiliation to the Technical University in terms of approval granted by the Pharmacy Council of India and without insisting on any further No Objection Certificate by the State Government.
xxx xxx xxx
17. Considering the aforesaid, a writ in the nature of mandamus is issued commanding the opposite parties to consider the applications submitted by petitioner Institutes for grant of affiliation, expeditiously, without insisting on any No Objection Certificate as per the Government Order dated 05.01.2024."
6. Learned State Counsel has indicated the objections as per paragraph 7 of the aforesaid judgment.
7. In view of aforesaid, a writ in the nature of Certiorari is issued quashing impugned letter No. 479889/2024/16-1099/1279/2019 dated 29.01.2023 as well as impugned orders dated 29.1.2024, 13.10.2023 and 29.11.2023. The opposite parties are directed to consider the application submitted by petitioner Institute(s) for grant of affiliation, expeditiously, without insisting on any No Objection Certificate as per the Government Order dated 05.01.2024 in terms of counselling schedule.
8. Consequently the present writ petition is allowed in terms of aforesaid judgment.
Order Date :- 6.1.2025
prabhat
