IMPORTANT POINTS
Survey of educational needs of the locality would include as to how many institutions are running in the area.
A new college proposing to offer technical education with the University affiliation is required to first seek NOC from the University before applying to AICTE/PCI/any other statutory body.
Telangana Education Act, 1982 is not repugnant to AICTE Act of 1987.
Section 20 of Telangana Education Act, 1982 and section 10, AICTE Act of 1987 operate in different fields.

JUDGMENT :

Arun Mishra, J.

1. The question involved in the appeal is whether a University is bound to give ‘No Objection Certificate' (NOC) for opening an educational institution or for a new course irrespective of educational needs of the locality under its jurisdiction. In other words, is the University bound to give NOC in a local area irrespective of whether institutions are required in the area and thereby promote the mushroom growth of institutions?

2. Respondent no.1 – Sangam Laxmibai Vidyapeeth, is a registered society which has sponsored and manages Bojjam Narasimhulu Pharmacy College for Women, being Respondent No.2, set up at Hyderabad. On 27.7.2017, Respondent No.2 applied to the Jawaharlal Nehru Technological University (for short, “the University”) for grant of No Objection Certificate (NOC) to start the D. Pharma course in their college during the academic year 20182019. On 19.8.2017, the University declined NOC on the ground that as per the Government’s policy and perspective plan, NOC was not to be granted for new institutions and new courses.

3. Respondent No.2 on 26.8.2017 filed an application before the Pharmacy Council of India (for short, ‘the PCI') for grant of approval for starting D. Pharma course for the academic year 20182019. The PCI insisted on the production of NOC certificate from the University.

4. Challenging the communication dated 19.8.2017 of the University declining NOC and also challenging regulations 5.1, 5.2 and 6 of the Jawaharlal Nehru Affiliation Procedure and Regulations, 2017 (hereinafter referred to as “the 2017 Regulations”), the respondent filed a writ petition before the High Court.

5. In its counter affidavit filed in the High Court, the University contended that under the provisions of Section 20 of the Telangana Education Act, 1982 (hereinafter referred to as “the Act of 1982”), obtaining of NOC as per the All India Council of Technical Education Regulations (for short, ‘the AICTE Regulations’) and the 2017 Regulations, was necessary for starting new courses.

6. The validity of Section 20 of the erstwhile Andhra Pradesh Education Act, which is in pari materia with Section 20 of the Act of 1982, has been upheld in Government of Andhra Pradesh v. J.B. Educational Society, (2005) 3 SCC 212. The said Act stands adopted in the State of Telangana.

7. The Government of Telangana also filed a counter-affidavit pointing out that Government has taken a policy decision and requested the AICTE by a letter dated 29.11.2016 to declare a holiday on the establishment of new technical institutions for the academic year 20172018 onwards. The policy decision was based upon the detailed study of a large number of technical institutions running in the State and in particular Hyderabad, wherein even the available seats were lying vacant, and the addition of more seats and more colleges was bound to adversely impact the quality of education and would make them financially unviable. Ultimately, the fall in the standards of education may result in the low employability of the students. The Government had prepared a perspective plan for technical education in the State and communicated the same to the AICTE. The Perspective Plan had been prepared in consonance with the provisions contained in Section 20 of the Act of 1982.

8. The High Court by the impugned judgment and order had allowed the writ application. It has observed that grant of NOC will not enable an institution to start a course. They have several other hurdles to be cleared for starting D. Pharma. The High Court has held that Regulations 5.2, 5.3 and 6 of the 2017 Regulations are valid. The vires of the regulations has been upheld. However, the High Court held that policy decision taken by the Government not to allow new courses to be started is not in terms of section 20 of the Act of 1982 as the provision does not vest power upon the Governme