V.K.Shukla, J. - (1.) Jan Kalyan Charitable Trust is a trust registered under the Societies Registration Act, 1860. The said trust, in order to establish institution for running B. Ed. course, applied for issuance of 'No Objection Certificate' (NOC) on 14.08.2004 to the State Government. Petitioners have contended that along with the same an application under Section 15 of the National Council of Teachers Education Act, 1993 had been also moved before the Regional Officer of National Council of Teachers Education. The State Government was not taking any decision on the said application for grant of NOC and the matter was kept pending. The University in its turn had recommended for issuance of NOC. After the said application had been moved, on 20.06.2005 communication was sent informing and intimating deficiencies as contained in the aforesaid letter, and the two deficiencies pointed out were that 'No Objection Certificate' issued by the State Government in original had not been submitted. Secondly, copy of the valid land document, since land acquired by the society/institution pertained to the agricultural land, certificate of competent authority pertaining to land use conversion is required to be submitted, and the said deficiencies were to be removed by 31.12.2005. At this juncture petitioners preferred writ petition No. 78699 of 2005. Notice of the aforementioned writ petition was given on 22.12.2005 and the same was got reported on 23.12.2005, and the same was taken up on 03.01.2006, and by that time period, which was mentioned for fulfilling prerequisite terms and conditions had expired. On repeated occasions matter was taken up, and thereafter from the side of State Government, letter dated 18.01.2006 was sent informing the Chief Standing Counsel of this Court that 'No Objection Certificate' requested on behalf of the petitioner is being turned down. At this juncture, writ petition No. 5479 of 2006 has been filed.
(2.) In writ petition No. 78699 of 2005 short counter affidavit and supplementary counter affidavit have been filed on behalf of State-respondents, contending therein that proposal with regard to grant of 'No Objection Certificate' was examined by the State Government in the light of norms and standards fixed by means of orders dated 27.9.2002 and 11.10.2002 and various deficiencies had been found in the said proposal, viz., (i) the trust running the institution in question had not made available the details of its annual income; (ii) the records pertaining to land do not make it clear that all the land holdings belonging to college are connected together; (iii) the institute has mentioned that there are three colleges including B.Ed. college within its periphery of 15 Kms., which is against the stipulated norms; (d) the proposed college has applied to run B.Ed. course only which is in contravention with the view of the State government that NOC to run B.Ed course should not be granted to such colleges, which are not already running graduation/post-graduation courses. In this regard and in this background, it has been submitted that justifiable order has been passed.
(3.) Rejoinder affidavit has been filed, and therein it has been contended that application was filed on 14.08.2004 and the same was sent to the State Government after recommendation by the University on 12.10.1004 and the said application ought to have been decided within six months i.e. by February, 2005, and as no action was being taken, it would be a case of deemed approval. It has been also sought to be contended that objection which has been sought to the raised was unsustainable, inasmuch as income tax details could not be furnished unless and until institution in question started running. Qua objection No. (b) it has been contended that Tehsildar Sadar, Meerut has already given certificate dated 07.12.2005, and as such said objection is unsustainable. Qua objection (c) that there are three colleges including one B.Ed. college, it has been submitted that the University is the best judge in this respect and unwarranted observations are unsustainable. Further, it has been contended that petitioner institution had applied for B.Com. and B.Ed. courses and recognition had been accorded vide order dated 14.07.2005. In this background, none of the objections are sustainable. Supplementary affidavit has also been filed, and therein it has been contended that S.D.M. Meerut on 04.01.2006 has already accepted the proposal of conversion of land. Copies of document dated 04.01.2006 and the Government Order dated 27.09.2002 have been appended.;