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2023 Supreme(All) 1394

OM PRAKASH SHUKLA
Committee Of Management, Jai Prakash Charitable Trust Thru. Admin Shri Rakesh Bahadur Singh – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Technical Edu. Lko. – Respondent


Advocates Appeared:
For the Petitioners: Rajat Rajan Singh, Vidhu Bhushan Kalia, Ajay Pratap Singh, Parth Anand, Paavan Awasthi, Ajeet Kumar, Priya Vrat, Jay Prakash Singh, Satyendra Kumar Tiwari, Puttan Singh, Rajesh Kumar, Lalendra Pratap Singh, Lalta Prasad Misra, Prafulla Tiwari, Gopal Pandey, Adarsh Kumar Maurya, Rajesh Kumar Singh, Anil Kumar, Dr.Surendra Singh, Sandeep Kumar, Devi Prasad Maurya, Rakesh Chandra Tewari, Vinod Kumar Singh, Vineet Bihari Patel, Kanchan, Shubham Yadav, Awaneesh Yadav, Amit Kr. Singh Bhadauriya.
For the Respondents: Ravi Singh, Anurag Kumar Singh, Atul Kumar Dwivedi, D.K. Singh Chauhan.

JUDGMENT :

(Om Prakash Shukla, J.)

A. INTRODUCTION

1. The above captioned writ petitions under Article 226 of the Constitution of India have been filed by the petitioners/ Institutions, challenging the legality and validity of the letter dated 18.05.2023 issued by the Secretary, Board of Technical Education, Uttar Pradesh, Lucknow (hereinafter referred to as ‘Board’), whereby ‘No Objection Certificate’ (hereinafter referred to as ‘NOC’) granted by the Board to the respective petitioners/institutions for opening of new course, namely, Diploma in Pharmacy (in short, ‘D. Phama’) for the academic session 2022-23 has been cancelled with immediate effect.

2. Since the above-captioned writ petitions arise out of a common factual matrix and impugned letter dated 18.05.203, this Court is disposing them of by this common judgment.

B. FACTUAL MATRIX

3. To understand the issue involved in the above-captioned writ petitions, this Court takes Writ C No. 4953 of 2023 (Committee of Management, Jai Prakash Charitable Trust Vs. State of UP & Ors.) as leading writ petition for consideration.

4. The record of Writ-C No. 4953 of 2023 reveals that pursuant to an interim order dated 31.05.2022 passed in S

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