- (1.) S. N. Srivastava, J. Petitioner - Shresth Shiksha Sanstha has preferred this writ petition challenging orders dated 19-8-2004, 17-5-2006 and 31-7-2006, passed by the State of U. P. in the matter of cancellation of 'no Objection Certificate' for imparting higher education course by the petitioner in Ghaziabad with affiliation to Guru Gobind Singh Indraprastha University, Delhi (hereinafter referred to as Indraprastha University ).
(2.) HEARD learned Counsel for the petitioner and learned Standing Counsel. Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Anoop Trivedi, learned Counsel for petitioner, urged that the Indraprastha Vishwavidyalaya Act, 1998 was enacted by the Legislative Assembly of Delhi and the jurisdiction of the University is defined under Section 4 of the Act. The University is competent to exercise powers within the area of National Capital Region as defined in the National Capital Region Planning Board Act, 1985, which is an Act of Parliament. National Capital Region has been defined under Section 2 (f) of the National Capital Region Planning Board Act, 1985 which comprises whole of District of Bulandshahr comprising the Tehsils of Anupshahr, Bulandshahr, Khurja, Sikanderbad, whole of District of Meerut comprising the Tehsils of Meerut, Bagpat, Mawana and Sardhana and the whole of District of Ghaziabad comprising the Tehsils of Ghaziabad and Hapur. He further urged that National Capital Region Planning Board consists of members which includes Union Minister for Works and Housing, the Chief Minister of the State of Haryana, the Chief Minister of the State of Rajasthan, the Chief Minister of the State of Uttar Pradesh and the Administrator of the Union Territory. Under the provisions of Indraprastha Vishwavidyalaya Act, 1998 in order to establish a College under the Indraprastha University Act, 1998 within the periphery of National Capital Region 'no Objection Certificate' of the State is necessary. It was urged that 'no Objection' was granted to the petitioner, but subsequently it was wrongly and illegally withdrawn without any valid reason and, thus, the orders withdrawing 'no Objection' as well as rejecting petitioner's representation for granting 'no Objection Certificate' are liable to be quashed. In reply to the same, learned Standing Counsel urged that petitioner wants to establish and run Educational Institution within the territorial limit of the State of Uttar Pradesh which could be granted under the provisions of law enacted by the Legislature of the State of Uttar Pradesh. It is further urged that for establishing any Institution within the territorial limits of the State of Uttar Pradesh, petitioner is bound to comply the provisions of the U. P. State University Act, 1973 and not the Indraprastha University Act, 1998, which is not the Act to regulate and control Universities established within the limits of State of Uttar Pradesh. He further urged that petitioner who has relied upon the judgment reported in 2002 (2) LBESR 933 (SC) : 2002 (8) SCC 481, T. M. A. Pai Foundation & Ors. v. State of Karnataka & Ors. , cannot establish any Professional Institution ignoring Rules and Regulations of the State of Uttar Pradesh to control such institutions and as such 'no Objection Certification' was rightly withdrawn which is strictly in accordance with law. Petitioner is bound to comply the terms and conditions contained in U. P. State University Act, 1973 before establishing any Professional Institution in the State of Uttar Pradesh.
(3.) IN rejoinder, learned Counsel for petitioner referred Paragraph-7 of the writ petition, to the effect, that the National Capital Region Planning Board Act, 1985 was enacted with concurrence of the Legislatures of the all concerned States including State of U. P. The Legislature of State of Uttar Pradesh also passed resolutions to constitute National Capital Region Planning Board to develop infrastructure in the National Capital Region to be regulated by the Parliament by National Capital Region Planning Board Act. He urged that Paragraph-7 of the writ petition has not been denied in Paragraph-6 of the counter- affidavit, hence in the State of Uttar Pradesh cannot refuse for 'no Objection Certificate' to petitioner for affiliation to INdraprastha University which has jurisdiction in the National Capital Region. I carefully considered arguments of learned Counsel for the parties and perused the materials on record.;