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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
St. Peter Institute Of Higher Education And Research Through Its Registrar – Appellant
Versus
University Grants Commission Through Its Secretary – Respondent
| Table of Content |
|---|
| 1. outline of petitioner's basis for noc (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning noc issuance and regulations (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. court's analysis of noc's communication requirement (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 41 , 43 , 44) |
| 4. presumption of noc grant due to delay (Para 39 , 40 , 42) |
| 5. final order allowing establishment of off-campus centre (Para 46 , 47 , 48) |
JUDGMENT :
VIKAS MAHAJAN, J
1. The petitioner has assailed the rejection order dated 15.01.2025 issued by the respondent no.2/Union of India whereby approval for the establishment of Off-Campus Centre at Hosur, Tamil Nadu has been denied, primarily for the reason that the affiliating University i.e. respondent no.3 has refused No Objection Certificate (NOC). The challenge has also been made to the communication/letter dated 08.12.2023 of respondent no.3 (affiliating University) whereby it refused to give NOC in terms of Regulation 8(3) of the UGC (Institutions deemed to be University) Regulations, 2023 (hereinafter ‘Regulations of 2023’).
2. The facts in brief are that the petitioner no.1 is a Deemed
The failure of an affiliating University to communicate a refusal of a NOC within 60 days constitutes a presumption of approval for establishing an Off-Campus Centre.
The withdrawal of No Objection Certificates after the statutory period is invalid, and applications for deemed university status must be processed under UGC regulations without regard to such withdra....
Education and University - Remove college from matrix - Right of petitioner no.1-College to take admission of students vested in it was wrongly denied by impugned notice and as such same cannot be su....
The requirement for a State NOC for university affiliation contravenes NCTE Regulations and central legislation, as state laws cannot impose conditions inconsistent with national standards.
Mandatory requirements for establishing new medical institutions, including timely submission of a No Objection Certificate, are non-negotiable and must be strictly adhered to for regulatory complian....
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
Compliance with the substantial requirements of the No Objection Certificate (NOC) and the obligation to follow regulatory provisions are essential for the establishment of new medical colleges.
The court affirmed that under UGC Regulations, an institution can obtain autonomy with NAAC accreditation, and universities must comply with UGC directives regarding such status.
Universities must issue notifications for autonomy within 30 days per UGC regulations; failure to comply leads to deemed approval for autonomous status.
The Court emphasized the importance of fulfilling the requisite conditions and applying afresh for NOC in the prescribed format (Form-II) as per the prevalent policy and parameters required for grant....
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