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2025 DAILYLAW 160105 (ALL)

C/M BRIJRAJ SINGH MAHAVIDYALYA THRU. AUTHORIZED SIGNATORY,SRI DESHRAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TECH. EDU. LKO AND 3 OTHERS

WRIC/8250/2025 · 2025-08-27

Pankaj Bhatia

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8250 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner, Shri Ravi Singh, learned counsel for respondent No.4 and Shri Atul Dwivedi, learned counsel for respondent Nos.2 and 3. 2. The present petition has been filed by the petitioner alleging that the petitioner is running an institution, which is empowered to impart B. Pharma studies and certificates. It is stated that the petitioner was granted approval by respondent No.4 for the years prior to the present year. Subsequently, for the academic session 2024-25, although the petitioner had applied for approval, however, as the NOC was not provided within time, the approval application of the petitioner could not be processed by respondent No.4. It is stated that now for the academic session 2025-26, for B. Pharma course, the petitioner was desirous of applying for grant of approval before respondent No.4, however, as the NOC was not granted by respondent No.1, the petitioner is unable to apply for grant of approval before respondent No.4. 3. It is further argued that the last date for approval process has been fixed as 31st August, 2025 by the Hon'ble Supreme Court in Misc. Application No.711 of 2025 in Civil Appeal No.9048 of 2012 vide order dated 09.05.2025. It is further argued that the similar issue was dealt with by this Court in Writ-C No.7273 of 2025 (Committee of Management Versus Counsel for Petitioner(s) : Akhilesh Pratap Singh Counsel for Respondent(s) : C.S.C., Atul Kumar Dwivedi, Ravi Singh C/M Brijraj Singh Mahavidyalya Thru. Authorized Signatory,Sri Deshraj Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Tech. Edu. Lko And 3 Others .....Respondent(s) Karmyog Sewa Samiti Vs. State of U.P.) and this Court in its judgement dated 19th August, 2025 had held that the State Government has no authority to refuse the NOC or grant the NOC in view of the supremacy of the Pharmacy Act and considering the rights enshrined under Article 19(1)(g) of the Constitution of India, the said judgement squarely applies in the case of the present petitioner also. 4. In view of the said judgement, directions are issued to respondent No.4 to permit the petitioner to apply for approval, which shall be considered within the time as fixed by the Hon'ble Supreme Court, i.e., 31st August, 2025. The respondent No.4 shall not insist for NOC from the State of U.P. in terms of the directives given by this Court in its judgement dated 19th August, 2025. 5. The petition stands disposed of. August 27, 2025 Ashutosh WRIC No. 8250 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench