LAWS(ALL)-2006-11-187

SHRESTH SHIKSHA SANSTHA Vs. STATE OF U P

Decided On November 06, 2006
SHRESTH SHIKSHA SANSTHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) S. N. Srivastava, J. Petitioner - Shresth Shiksha Sanstha has preferred this writ petition challenging orders dated 19-8-2004, 17-5-2006 and 31-7-2006, passed by the State of U. P. in the matter of cancellation of 'no Objection Certificate' for imparting higher education course by the petitioner in Ghaziabad with affiliation to Guru Gobind Singh Indraprastha University, Delhi (hereinafter referred to as Indraprastha University ).

(2.) HEARD learned Counsel for the petitioner and learned Standing Counsel.

(3.) IN rejoinder, learned Counsel for petitioner referred Paragraph-7 of the writ petition, to the effect, that the National Capital Region Planning Board Act, 1985 was enacted with concurrence of the Legislatures of the all concerned States including State of U. P. The Legislature of State of Uttar Pradesh also passed resolutions to constitute National Capital Region Planning Board to develop infrastructure in the National Capital Region to be regulated by the Parliament by National Capital Region Planning Board Act. He urged that Paragraph-7 of the writ petition has not been denied in Paragraph-6 of the counter- affidavit, hence in the State of Uttar Pradesh cannot refuse for 'no Objection Certificate' to petitioner for affiliation to INdraprastha University which has jurisdiction in the National Capital Region.