THE JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY REGISTRAR versus SANGAM LAXMI BAI VIDYAPEET & ORS.

Citation: [2018] 14 S.C.R. 103 · Decided: 29-10-2018 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

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103
THE JAWAHARLAL NEHRU TECHNOLOGICAL
UNIVERSITY REGISTRAR
v.
SANGAM LAXMI BAI VIDYAPEET & ORS.
(Civil Appeal No. 10807 of 2018)
OCTOBER 29, 2018
[ARUN MISHRA AND INDIRA BANERJEE, JJ.]
Telangana Education Act, 1982 – s.20 – Respondent-College
applied to the appellant-University for grant of No Objection
Certificate (NOC) to start the D.Pharma course in their college
during the academic year 2018-2019 – University declined NOC
on the ground that as per the Government’s policy and perspective
plan, NOC was not to be granted for new institutions and new
courses – Challenged by respondent – High Court allowed the writ
petition – On appeal, held: s.20 deals with permission for the
establishment of educational institutions – s.20(1) provides that
competent authority shall conduct survey to identify the educational
needs of the locality under its jurisdiction as to how many institutions
are operating in the area and whether there is any further requirement
of opening educational institutions/new courses in existing colleges
– s.20(3) provides that any educational agency applying for
permission u/s.20(2) shall before the permission is granted, satisfy
the authority concerned that there is a need for providing educational
facilities to the people in the locality – In case there are already
large number of institutions imparting education in the area, the
competent authority may be justified not to grant the NOC, for
permitting an institution to come up in the area – s.20 intends to
prevent the mushroom growth of the institutions/courses – There is
already a paucity of well-qualified teachers in a large number of
institutions and the available seats in Pharmacy course in the
Hyderabad city are remaining vacant every year in spite of the
reduction in number of seats – Thus, in the instant case when 30
institutions in Hyderabad city are already running Pharmacy course,
the refusal to grant NOC by the University was wholly justified –
Policy decision of the State Government cannot be said to be illegal
– High Court erred in holding that the University was bound to
issue NOC – AICTE Act, 1987 – ss.2(g), 23(1) r/w ss.10 and 11.
[2018] 14 S.C.R. 103
103
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104                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
All India Council for Technical Education (Grant of approvals
for the Technical Institutions) Regulations, 2016 – Regulation 4.18
– If repugnant to Regulations 5.2 and 5.3 of 2017 Regulations –
Held: Regulation 4.18 cannot be said to be repugnant to Regulations
5.2 and 5.3 of the 2017 Regulations – Jawaharlal Nehru Affiliation
Procedure and Regulations, 2017.
Allowing the appeal, the Court
HELD : 1.1 Section 20 of the Telangana Education Act,
1982 deals with permission for the establishment of educational
institutions. Section 20(1) provides that competent authority shall
conduct a survey as to identify the educational needs of the locality
under its jurisdiction. Section 20(3) provides that any educational
agency applying for permission under section 20(2) shall before
the permission is granted, satisfy the authority concerned that
there is a need for providing educational facilities to the people
in the locality.  The survey is conducted so as to identify the
educational needs of the locality viz., as to how many institutions
are operating in the area and whether there is any further
requirement of opening educational institutions/new courses in
existing colleges. In case there are already a large number of
institutions 
imparting 
education 
in 
the 
area 
the
competent authority may be justified not to grant the NOC,
for permitting an institution to come up in the area.
[Para 12][110-H; 111-A; 112-G-H; 113-A]
1.2  The provisions contained in Section 20 of the 1982 Act
are wholesome and intend not only to cater to the educational
needs of the area but also prevent the mushroom growth of the
institutions/courses. In case institutions are permitted to run each
and every course that may affect the very standard of education
and may ultimately result in sub-standard education.  There is
already a paucity of well-qualified teachers in a large number of
institutions and the available seats in Pharmacy course in the
Hyderabad city are remaining vacant every year in spite of the
reduction in a number of seats.  It had not been possible to fill up
the available vacancies due to non-availability of students. Thus,
it is apparent that when 30 institutions in Hyderabad city are
already ru

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