C/M KARMYOG SEWA SAMITI THRU. MANAGER SURENDRA KUMAR AND ANOTHER v. STATE OF U.P. THRU, ADDL. CHIEF SECY. / PRIN SECY. TECHNICAL EDUCATION,LKO. AND 6 OTHERS
WRIC/6371/2024 · 2025-02-20
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149444 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11120 Court No. - 19 Case :- WRIT - C No. - 6371 of 2024 Petitioner :- C/M Karmyog Sewa Samiti Thru. Manager Surendra Kumar And Another Respondent :- State Of U.P. Thru, Addl. Chief Secy. / Prin Secy. Technical Education,Lko. And 6 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi,Lalit Shukla,Ravi Singh Hon'ble Manish Mathur,J.
1. Heard Mr. Ajay Pratap Singh, learned counsel for petitioners, learned State Counsel for opposite parties no.1, 4,5,6,8 and Mr. Shishir Srivastava, Advocate holding brief on behalf of Mr. Ravi Singh,
learned counsel for opposite party no.2 and Mr. Lalit Shukla, learned counsel for opposite party no.7. Power on behalf of opposite party no.3 has been filed by Mrs. Aditi Tripathi who is represented through Mr. Aditya Vikram Singh, Advocate.
2. Petition has been filed challenging order dated 31.05.2024 passed by District Magistrate, Jalaun and the consequential order dated 01.07.2024 passed by the Technical University as well as the
order dated 05.06.2024 passed by the Board of Technical Education, Lucknow.
3. At the very out-set, learned counsel for opposite parties submit that for all practical purposes, petition has lost its efficacy since application for grant of no objection certificate for the purposes of affiliation for the B-Pharm and D-Pharm course had been submitted by the petitioners' Institution for the academic session 2024-25, which has already come to an end with admissions having been taken and classes commenced and examinations due sometime in June,2025.
4. Learned State counsel has also adverted to the Government Order dated 05.01.2024 (Annexure No.05) to submit that the said Government Order which is applicable for the purposes of grant of no objection certificate and consequent affiliation itself indicates that the said orders are only for the
academic sessions 2024-2025 and separate orders would be issued for subsequent academic sessions. It is further submitted that even otherwise the alleged order dated 31.05.2024 is in fact only a report submitted for purposes of grant of affiliation and is not an order.
5. Learned counsel for petitioners however submits that by means of the aforesaid orders/reports, various deficiencies have been indicated in the petitioners' institution due to which the University by means of impugned order dated 01.07.2024 has rejected petitioners' application for grant of no objection certificate. It is submitted that even if the petitioners apply for a fresh grant of no objection certificate for the purposes of affiliation, the said report with come in the way.
6. Upon consideration of submissions advanced by
learned counsel for parties and perusal of material on record, it is evident that procedure for grant of no objection certificate for purposes of affiliation is governed by the Government Order dated 05.01.2024 read with Approval Process hand-book of the Pharmacy Council of India. The penultimate paragraph of the Government Order indicates that the no objection certificates and consent for affiliation are only for the academic session 2024- 2025 and separate orders would be passed for subsequent academic-sessions.
7. It is thus evident that for the next academic- sessions 2025-26, petitioners' institution may be required to submit a fresh application for grant of no objection certificate for purposes of affiliation of the said courses.
8. Learned counsel for petitioners admits that the current academic session 2024-2025 has already come to an end.
9. In view of aforesaid discussion, without interfering with the impugned orders/reports, liberty is granted to petitioners to submit a fresh application for the academic sessions 2025-26 for purposes of grant of no objection certificate for affiliation for the B-Pharm and D-Pharm course
which shall be considered and decided for its own merits in term of the policy existing at the time.
10. Since the impugned report and orders indicate current deficiencies in the infrastructure of the petitioners' Institution, which may be made good by them by the time they submit their fresh applications, it is directed that while considering petitioners' fresh application for the said purpose of affiliation, the impugned report dated 31.05.2024, order dated 01.07.2024 and 05.06.2024 shall be ignored.
11. With the aforesaid observation/direction, petition stands dismissed.
Order Date :- 20.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench