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2025 DAILYLAW 160839 (ALL)

AMBALIKA WELFARE FOUNDATION TRUST THRU. AUTH. SIGN. SRI ASHUTOSH DWIVEDI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF TECH. EDU. LKO. AND 5 OTHERS

WRIC/8296/2025 · 2025-09-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8296 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, Shri Aditya Vikram Singh, learned counsel for respondent Nos.2 and 3 and learned Standing Counsel for respondent Nos.1, 5 and 6. 2. The neat contention of learned counsel for the petitioner is that the request of the petitioner for grant of approval by the PCI has not been considered, as is evident from Annexure No.1 to the writ petition, mainly on the ground that the NOC was not granted by the State Government. It is stated by learned counsel for the petitioner that no appeal has been preferred so far against the said order. The issue with regard to the requirement of the NOC of the State Government came up for consideration before this Court in Writ-C No.7273 of 2025 and was decided on 19th August, 2025. 3. Shri Ravi Singh, learned counsel for respondent No.4 states that in terms of the approval process as framed by the PCI and there is a prescription that the NOC shall be applied and shall be decided by the State Government and in the absence of any other guidelines, the PCI is bound by the said guidelines. 4. The said contention merits rejection for the sole reason that this Court Versus Counsel for Petitioner(s) : Paavan Awasthi, Anil Kumar Pandey, Bhanu Bajpai, Vatsal Rastogi Counsel for Respondent(s) : C.S.C., Atul Kumar Dwivedi, Ravi Singh Ambalika Welfare Foundation Trust Thru. Auth. Sign. Sri Ashutosh Dwivedi .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Tech. Edu. Lko. And 5 Others .....Respondent(s) had considered all these aspects in Writ-C No.7273 of 2025 (C/M Karmyog Sewa Samiti Vs. State of U.P. and others) and it was categorically held that there is no requirement of the NOC of the State Government. In view of the said judgement, the prescriptions and the guidelines of the PCI shall stand overruled. 5. In view of the fact that the law was clarified by this Court in its judgement dated 19th August, 2025 passed in the case of C/M Karmyog Sewa Samiti (supra), the present petition is disposed of permitting the petitioner to prefer an appeal against the order impugned. The appellate authority of the PCI shall decide the appeal in the light of the directions and the law laid down in the case of C/M Karmyog Sewa Samiti (supra) . 6. It is further clarified that the appeal shall be heard on merits and shall not be dismissed on the ground that the NOC of the State Government is not available. The appeal shall be decided within a period of two weeks as the last date fixed by the Hon'ble Supreme Court in M.A. No.711 of 2025 in C.A. No.9048 of 2012 vide order dated 09.05.2025, where the last date for decision on the appeal is fixed till 30th September, 2025. 7. If the approval is granted, the consequent action shall be taken by the State Government within the time as prescribed in the timeline prescribed by the Hon'ble Supreme Court. September 3, 2025 Ashutosh WRIC No. 8296 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench