TUPLES EDUCATIONAL SOCIETY Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition for issuing a writ in the nature of certiorari quashing the impugned G.O. dated 27.9.2002 (Annexure-1 to the writ petition) in so far as it requires No Objection Certificate ("NOC" for short) from the Government for starting the course of Bachelor of Physiotherapy ("BPT" for short), and further to quash the impugned letters dated 30.11.2002, 18.1,2002 and 1.2.2003 as contained in Annexures-2, 3 and 4 respectively to the writ petition. The petitioner has also sought a relief for issuing a writ in the nature of mandamus directing the opposite party No. 4 Chaudhary Charan Singh University, Meerut and the opposite party No. 3, the Chancellor, Chaudhary Charan Singh University, Meerut to consider the application for the petitioner-society's college for affiliation in accordance with the provisions of the statutes and to extend the privilege of affiliation for the BPT Course for the Session 2003-2004.

(2.) The petitioner is a registered society and runs an institution in the name of Trident Institute of Information Technology. It is unaided institution. In the year 1999, the Vice-Chancellor of Chaudhary Charan Singh University, Meerut under Section 37 (2) of Uttar Pradesh State University Act, 1973 granted affiliation to the petitioner's institution for the course of Bachelor of Computer Applications. In the year 2002, the petitioner's Institute applied to the Registrar of the University for affiliation of the college for BPT course from the year 2003-2004' The Registrar of the University instead of proceeding in accordance with the provisions of the statute, forwarded its recommendation to the Government vide his letter dated 30.11.2002 for "No Objection Certificate" from the higher education department. G.O. dated 27.9.2002 (Annexure-1) requires that the necessary NOC has to be obtained from the Government prior to affiliation. In the meantime, the Government sent another direction vide letter dated 18.1.2003 (Annexure-3) informing the petitioner's society that since the BPT Course is a paramedical course, it is necessary for the petitioner's institute to obtain NOC from the medical education department. The Registrar of the University applied to the Government, department of medical education vide his letter dated 1.2.2003 (Annexure -4). It is alleged that the Statute of the University do not provide for any requirement to obtain NOC from the concerned council or the Government as a condition precedent for affiliation of an Institute for the BPT Course. It is alleged that unlike the engineering courses and the medical course, there is no council created either by the Central Government or by the State Government which could lay down the conditions or norms for affiliation of an Institute for the BPT Course. It is alleged that power to extend the privilege of affiliation exclusively vests with the University and this power is to be exercised in accordance with the statutes under which the Chancellor is the sanctioning authority. It is only the University, which can lay down the conditions for affiliation. It is also alleged that the University has extended this privilege of affiliation for BPT Course to Harsharan Das Dental College, Ghazlabad and Santosh Medical College, Ghazlabad.

(3.) Out of all the opposite parties, the counter-affidavit has been filed by Opposite Parties No. 2 to the State of U. P. through Principal Secretary, Medical Education, Sachivalaya, Lucknow. The case of the opposite party No. 2 is that in the Medical Department of the State Government, a policy is being formulated to conduct the paramedical course in different Districts of the State and enactment is also under consideration. It is after the policy and procedure being enacted in a Statute No Objection Certificate shall be granted to only those Institutes, which would fulfil the standard, prescribed under the proposed Act. This fact is not denied that Santosh Medical College, Meerut was permitted to run BPT Course by the Medical Education Department but it is alleged that no such permission was given by the Medical Education Department to Harsharan Das Dental College, Ghaziabad. It is not denied that such course is being conducted by Harsharan Das Dental College, Ghaziabad.