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Allahabad High Court · body

2016 DIGILAW 1436 (ALL)

Sri Yagya Narayan Pandey Degree College v. State of U. P.

2016-04-19

MANOJ KUMAR GUPTA

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JUDGMENT Manoj Kumar Gupta,J. The petitioner is an existing degree college affiliated to Chhatrapati Sahu Ji Maharaj University, Kanpur. The third respondent Maa Rajrani Mahila Mahavidyalaya, Baghala, Shankergarh, Allahabad seems to have made an application before the University for grant of a No Objection Certificate, which is required for purposes of obtaining affiliation from the University under section 37 of the U.P. State Universities Act, 1973. According to the petitioner, the third respondent is in the process of establishing an educational institution at the place, which is less than 5 kilometres from the petitioner institution. Under Government Order dated 27 September 2002, in case, a new institution is to come up within a radius of 15 kilometres of an existing institution, various factors mentioned in the said Government Order are to be considered before according approval for establishing a new educational institution. It is urged that the aforesaid distance was reduced to 10 kilometres by Government Order dated 8 August 2007 and further to 5 kilometres by Government Order dated 4 September 2008. The petitioner apprehends that the University will grant No Objection Certificate to the third respondent without taking into consideration the stipulations in the aforesaid Government Orders and, therefore, instant writ petition has been filed seeking mandamus against the respondents not to grant clearance/no objection certificate to third respondent for establishing a new educational institution in the vicinity of the petitioner institution. 2. Sri Neeraj Tiwari, learned counsel appearing on behalf of the respondent University pointed out that it is only Government Order dated 27 September 2002, which is applicable and regulates the grant of permission for establishment of a new educational institution. He submitted that the other two Government Orders namely Government Order dated 8 August 2007 and 4 September 2008 lays down the parameters which are to be taken into consideration for disbursement of grant-in-aid to an institution. According to him, the distance mentioned in these Government Orders would thus be applicable while considering the application of existing institution for admitting it to the benefit of grant-in-aid, but it has no nexus with the grant of no objection certificate. 3. Be that as it may, counsel for the parties agree that the application of the third respondent seeking no objection certificate is still pending consideration before the University. 3. Be that as it may, counsel for the parties agree that the application of the third respondent seeking no objection certificate is still pending consideration before the University. In such view of the matter, this Court is of the opinion that interest of justice would be served in disposing of the writ petition with the clarification that the second respondent while considering the application for grant of no objection certificate, shall have due regard to the relevant Government Orders, which occupies the field. For the said purpose, it shall be open to the petitioner to file its representation before the University and the University before taking any decision, shall have due regard to the same. The third respondent shall be apprised of the objection, if any, filed by the petitioner and its response thereto shall also be obtained. It is further clarified that the petitioner shall not be entitled to any personal hearing in the matter. The writ petition is disposed of accordingly.