The possession of land as per UGC norms and the Pondicherry University ordinance is a mandatory requirement for obtaining NOC to establish a College.

Introductory:

1. Whether the State Government is bound to give No Objection to establish a College not withstanding the non-possession of land as per University Grants Commission norms is the core issue that arises for consideration in this writ petition.

Facts in nutshell

2. The writ petition is directed against the order dated 8 March 2013 rejecting the application for issuance of No Objection Certificate (hereinafter referred to as "NCOC") to start a College on the ground of non possession of required land as per the norms prescribed by the University Grants Commission (hereinafter referred to as "UGC").

3. The petitioner is an Educational Trust. The Trust resolved to establish an "Arts and Science College" at Pondicherry. The Trust took 4 acres of land in R.S.No.90/2 and 2 acres of in R.S.No.74/4, situated at Thirubuvanai, Pondicherry from Thenkalai Sri Varadaraja Perumal Devasthanam, Thirubuvanai by way of an unregistered lease dated 27 December 2012 for a period of 99 years. The education department verified the documents produced by the petitioner and having found that the Trust was not in possession of 5 acres of land by way of a registered sale deed as per UGC norms, rejected the application. The said order is under challenge in this writ petition.

4. Since the Pondicherry University is a necessary party to the writ petition, I have impleaded the University as fourth respondent.

Submissions:

5. The learned counsel for the petitioner by placing reliance on the norms prescribed by the UGC contended that the requirement regarding possession of 5 acres of land should be satisfied only at the time of inspection by the University. The learned counsel submitted that the application is only in the NOC stage, and the petitioner would produce a sale deed or a registered lease deed for a period of 99 years at the time of inspection by the University. The learned counsel further contended that the Government of Pondicherry was not expected to look into all these requirements as per UGC norms, while processing the application for NOC.

6. The learned Senior Government Pleader for Pondicherry submitted that the Government have followed the UGC norms and rejected the application.

7. The learned counsel for Pondicherry University by producing the Ordinance submitted that the appellant must possess minimum of 5 acres of land even to consider the application for establishing a College. The learned counsel further contended that in case the State Government issues No Objection Certificate without verifying the availability of land and other basic requirements, it would create a bad precedent and the University would be compelled to process even invalid applications and ultimately, it would be a futile exercise.

Discussion:

8. The petitioner wanted to establish a College offering Arts and Science education in the Union Territory of Pondicherry. The petitioner is not in possession of 5 acres of land in its name. The petitioner has taken 6 acres of land by way of an unregistered lease, for a period of 99 years. No reliance could be placed on the said document for want of registration and in the absence of documents indicating the ownership and possession of land by devasthanam and the right to give a lease without the permission of Government of Pondicherry.

9. There is no dispute that there is a statutory requirement to obtain prior permission from the concerned State/Union Territory Government so as to make an application for affiliation before the University. The UGC norms and the Ordinance of the Pondicherry University contain provisions prescribing such permission. Therefore it is clear that the NOC from the State is a mandatory requirement for establishing an Arts and Science College.

10. The UGC Regulations (Affiliation of Colleges by Universities) Regulations 2012 provisions regarding eligibility criteria for temporary and permanent affiliation. Regulation 32 deals with criteria for temporary affiliation. The Regula