State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Technical Education Lko. and Another vs Pt.Ram Charitra Mishra Mahavidyalaya Shksha Sansthan Thru.Manager Sharavan Kr. Mishra and 8 Others

Neutral Citation No. - 2025:AHC-LKO:8102-DB

Court No.1

(1) Case :- SPECIAL APPEAL No. - 24 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. And Another Respondent :- Pt.Ram Charitra Mishra Mahavidyalaya Shksha Sansthan Thru.Manager Sharavan Kr. Mishra And 8 Others Counsel for Appellant :- C.S.C.

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Counsel for Respondent :- Lalta Prasad Misra,Prafulla Tiwari

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(2) Case :- SPECIAL APPEAL No. - 29 of 2025 Appellant :- Dr. A.P.J Abdul Kalam Techical University Lko. Thru. Its Registrar Respondent :- Pt. Ram Charitra Mishra Mahavidyalaya Thru. Manager Sharavan Kumar Mishra And 7 Others Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Lalta Prasad Misra,C.S.C.,Ravi Singh

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(3) Case :- SPECIAL APPEAL No. - 28 of 2025 Appellant :- Dr. A.P.J. Abdul Kalam Technical University Lucknow Thru. Registrar And Another Respondent :- Shiv Nand Smarak Welfare Trust Thru. Signatory Sangeeta Singh And 3 Others

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Counsel for Appellant :- Atul Kumar Dwivedi Counsel for Respondent :- Paavan Awasthi,C.S.C.,Ravi Singh

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(4) Case :- SPECIAL APPEAL No. - 25 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Technical Education Lko. And Another Respondent :- Shiv Nand Smarak Welfare Trust Thru. Authorized Signatory Sangeeta Singh And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Paavan Awasthi

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(5) Case :- SPECIAL APPEAL No. - 31 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- C/M Rajshree College Of Pharmacy Thru. Sri Dushyant Kumar Maheshwari, Bareilly And Ors. Counsel for Appellant :- C.S.C.

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Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(6) Case :- SPECIAL APPEAL No. - 32 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- C/M Adhunik Institute Of Education And Research Thru. Sri Sachin Sharma Administrator And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(7) Case :- SPECIAL APPEAL No. - 33 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education U.P. Lko. Respondent :- C/M Prabhat College Of Pharmacy Thru. Sri Sunil Kumar Singh Manager And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(8) Case :- SPECIAL APPEAL No. - 34 of 2025 Appellant :- State Of U.P. Thru. Addl.Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- C/M Sharda Devi Mhavidyalaya Thru. Avinash Kumar Rao Administrative Officer And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(9) Case :- SPECIAL APPEAL No. - 35 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko Respondent :- Madhu Vachaspati Institute Of Pharmacy Thru. Its Registrar Mr. Samar Abbas And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(10) Case :- SPECIAL APPEAL No. - 36 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Technical Education Lko Respondent :- Sri Gulab Singh College Of Pharmacy Thru.Authorised Signatory Sri Ashish Porwal And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(11) Case :- SPECIAL APPEAL No. - 37 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- Committee Of Management Imirc College Thru. Parvesh Kumar And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(12) Case :- SPECIAL APPEAL No. - 38 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko. And Anr. Respondent :- Late Pooran Ram Prakash Dixit College Of Pharmacy Thru. Managing Director Sanjeev Dixit And 3 Ors. Counsel for Appellant :- C.S.C. Counsel for Respondent :- Atul Kumar Dwivedi,Ravi Singh

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(13) Case :- SPECIAL APPEAL No. - 39 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- Gurudev Innovative College Of Pharmacy Thru. Authorised Signatory Sri.Ashish Porwal And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(14) Case :- SPECIAL APPEAL No. - 42 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Technical Edu. Govt. Of U.P. Lko. Respondent :- C/M Kailash Institute Of Pharmacy And Medical Sciences Thru. Dr. Jai Narayan Mishra Counsel for Appellant :- C.S.C.

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Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(15) Case :- SPECIAL APPEAL No. - 43 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt. Of Technical Education, Lko. Respondent :- C/M Chhatrapati Shivaji Cllege Of Pharmacy Kanpur Dehat Thru. Sri Pankaj Babu Administrator And Ors Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(16) Case :- SPECIAL APPEAL No. - 44 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy.Deptt. Of Technical Education Lko. Respondent :- C/M Intigrated Academy Of Management And Technology Thru. Its Prin.Harjeet Singh And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(17) Case :- SPECIAL APPEAL No. - 45 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education U.P. Lko. Respondent :- C/M Scm College Of Pharmacy Thru. Sri. Satish Singh Administrator And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(18) Case :- SPECIAL APPEAL No. - 46 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- C/M R.K. Institute Of Pharmacy Thru. Anshu Sharma Administrator And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(19) Case :- SPECIAL APPEAL No. - 47 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt.

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Of Technical Education, Lko. And 3 Ors Respondent :- Sultanpur Society Of Healthcare Education Thru. Treasurer Abhishek Singh And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Prafulla Tiwari,Atul Kumar Dwivedi,Ravi Singh

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(20) Case :- SPECIAL APPEAL No. - 48 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt. Of Technical Education, Lko.And 2 Ors Respondent :- C/M Renu Mahesh College Sitapur Thru. Chairman Renu Mahesh And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(21) Case :- SPECIAL APPEAL No. - 49 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt. Of Technical Education, Lko. And Another Respondent :- Shri Ram Swaroop Memorial College Of Engineering And Management(Pharmacy)Thru.Its Registrar And Ors Counsel for Appellant :- C.S.C. Counsel for Respondent :- Amit Jaiswal Ojus Law,Atul Kumar Dwivedi,Ravi Singh

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(22) Case :- SPECIAL APPEAL No. - 50 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- Maa Kaushilya Charitable Trust Subaspur Jaunpur Thru. Sri Avinash Kumar Rao Admin.Officer And Ors. Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(23) Case :- SPECIAL APPEAL No. - 51 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt. Of Technical Education, Lko. Respondent :- Vidyawati Nigam Memorial College Of Pharmacy Thru. Authorized Signatory Samar Abbas And 2 Others Counsel for Appellant :- C.S.C.

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Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(24) Case :- SPECIAL APPEAL No. - 52 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education U.P. Lko. Respondent :- Rani Ganesh Kunwari College Of Pharmacy Thru.Authorised Signatory Sri Anil Kumar Singh And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(25) Case :- SPECIAL APPEAL No. - 53 of 2025 Appellant :- State Of U.P. Addl.Chief Secy./Prin.Secy. Deptt. Of Technical Education And Another Respondent :- Ishan Sewa Trust Thru. Authorized Signatory Sashi Yadav And 3 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Paavan Awasthi,Atul Kumar Dwivedi,Ravi Singh

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(26) Case :- SPECIAL APPEAL No. - 54 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education Lko. Respondent :- R.S. Pharmacy College Khajuri Varanasi Thru. Authorized Signatory Anupam Mishra And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ajay Pratap Singh,Atul Kumar Dwivedi,Ravi Singh

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(27) Case :- SPECIAL APPEAL No. - 55 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy. Deptt. Of Technical Education Lko. Respondent :- S.V.M. Pharmacy College Thru. Beerendra Kumar Saroj And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Satyanshu Ojha,Atul Kumar Dwivedi,Ravi Singh

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(28) Case :- SPECIAL APPEAL No. - 56 of 2025 Appellant :- State Of U.P. Thru.Addl. Chief Secy. /Prin.Secy. Deptt.

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Of Technical Education, Lko. Respondent :- C/M Awadh Para Medical College And Institute Thru. Sri Sanjay Kumar Gupta Admin. And 2 Ors Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajat Rajan Singh,Atul Kumar Dwivedi,Ravi Singh

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(29) Case :- SPECIAL APPEAL No. - 57 of 2025 Appellant :- State Of U.P. Thru.Addl.Chief Secy./Prin.Secy. Deptt. Of Technical Education Lko. Respondent :- Pt.Ram Charitra Mishra Mahavidyalaya,Thru. Its Manager Sharavan Kumar Mishra And 4 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Lalta Prasad Misra,Atul Kumar Dwivedi,Ravi Singh

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Hon'ble Attau Rahman Masoodi,J.

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Hon'ble Subhash Vidyarthi,J.

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This bunch of intra court appeals is directed against the judgment/order rendered by the writ Court on 03.01.2025 in Writ-C No. 19 of 2025, Shiv Nand Smarak Welfare Trust v. State of U.P. and others and other connected writ petitions, except the Special Appeal Nos. 24 of 2025 and 29 of 2025. The intra court appeal no. 24 of 2025 instituted by the State and the intra court appeal no. 29 of 2025 instituted by the Dr. A.P.J. Abdul Kalam Technical University respectively are directed against the interlocutory order passed by the writ court on 28.1.2025 whereby the Court has proceeded to issue certain direction inclusive of framing of the charges against the contemnors for disobedience of the judgment/order passed on 3.1.2025 regarding which the University and State have instituted two intra court appeals mentioned above.

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We have heard Sri V.P. Nag, learned Additional Chief Standing Counsel for the State, Shri Sandeep Dixit, learned Senior Counsel assisted by Sri Atul Kumar Dwivedy learned counsel

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appearing for the University in the bunch of appeals and Dr. L.P. Mishra, S/Sri Pawan Awasthi, Prafulla Tiwari, Rajat Rajan Singh, Ajay Pratap Singh and Ravi Singh, Advocates for the respondents.

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Having given an anxious consideration to the submissions putforth by learned counsel for the State, this Court in Special Appeal No. 25 of 2025 passed the following order on 5.2.2025:-

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“Sri Sandeep Dixit, learned counsel appearing for one of the appellants in the connected appeals i.e. University prays for and is granted two days? time to place on record a copy of the analysis done by the Vice Chancellor regarding demand for technical educational in the locality as postulated under Clause 6.01(c) “THE GAUTAM BUDDH TECHNICAL UNIVERSITY, LUCKNOW FIRST REGULATIONS, 2010,” before proceeding with the steps as postulated under Clause 6.02 to 6.05.

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In case such a study has been undertaken by the University, the position as to the material being forwarded to the State alongwith the proceedings of affiliation committee be also explained in the affidavit so filed.

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The question as to the maintainability of second writ petition involved in the connected appeals and all other incidental issues shall also be considered on the date fixed.

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It is clarified that the proceedings pending before the writ court have not been interfered with.

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List this case on 07.02.2025 in the list of fresh cases”.

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Pursuant to the order passed by this Court, Dr. A.P.J. Abdul Kalam Technical University has filed an affidavit in Special Appeal No. 28 of 2025 bringing on record the relevant documents, which were considered in terms of the Gautam

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Buddh Technical University, Lucknow First Regulations, 2010 Regulation 6 of the relevant Regulations 2010.

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Before proceeding to decide the controversy involved in the present Special Appeals, it would be appropriate to have a look at the relevant provisions of the U.P. Technical University Act, 2000 and the Gautam Buddh Technical University, Lucknow First Regulations, 2010.

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Section 23 of the U.P. Technical University Act, 2000 provides as follows:-

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“23. (1)This section shall apply to the colleges.

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(2) This Executive Council may, [with the previous permission/approval of the State Government] ¹, admit any college which fulfils such conditions of affiliation, as may be prescribed to the privileges of affiliation or enlarge the privileges of any college already affiliated or withdraw or curtail any such privilege.

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(3) It shall be lawful for a college to make arrangement with any other college situated in the same local area, or with the University, for cooperation in the work of teaching or research.

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(4) Excepts as provided by this Act, the management of a college shall be free to manage and control the affairs of the college and be responsible for its maintenance and upkeep, and its Principal shall be responsible for the discipline of its students and for the superintendence and control over its staff.

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(5) Every college shall furnish such reports, returns and other particulars as the Executive Council or the Vice Chancellor may call for.

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(6) The Executive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons

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authorised by it in that behalf, and a report of the inspection shall be made to the Executive Council.

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(7) The Executive Council may direct a college so inspected take such action as may appear to it to be necessary within such period as may be specified.

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(8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council under sub-section (7) or to fulfill the conditions of affiliation may, after obtaining report from management of the college and with the previous sanction of the [State Government]¹, be withdrawn or curtailed by the Executive Council in the accordance with the provisions of the Regulations.

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(9) Notwithstanding anything contained in subsections (2) and (8). if the management of any college has failed to fulfill the conditions of affiliation, the [State Government]² may, after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.”

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The relevant part of Regulations - 6 of the the Gautam Buddh Technical University, Lucknow First Regulations, 2010 as follows:-

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6.01.(a) Every application for affiliation of a college as an Affiliated College shall be made so as to reach the University not less than six months before the commencement of the session in respect of which the recognition is sought.

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Provided that the Pharmacy Council of India may, in special circumstances, reduce the said period in the interest of higher technical education to such extent as deemed necessary.

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(b) Every application for recognition of a college shall be accompanied by the letter of approval from All India Council for Technical Education along with a Bank Draft payable to the University, for a non

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refundable sum of Rs. 5,000/ or more as may be notified by the University.

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(c) Before an application for recognition is placed before the Executive Council, the Vice-Chancellor must be satisfied with regard to the following:-

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(i) that the institution satisfies the demand for technical education in the Locality.

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(ii) that the Management concerned has provided following as per prevalent norms of All India Council for Technical Education:-

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1. suitable and sufficient building and covered area.

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2. adequate library, furniture, stationery, equipment and laboratory facilities.

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3. contiguous specified area of land conclusive for Education purposes.

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4. facilities for health and recreation of the students.

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5. funds for the payment of salary and allowances to the employees of the college.

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6.02 If the Vice-Chancellor is satisfied with clauses (b) and (c) as described above, he shall appoint a Panel of Inspectors to inspect the college and make a detailed report on all relevant matters. For the purpose of inspection the management has to deposit Rs.50,000/- as inspection fees/or an amount as duly notified by the University.

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6.03 Ordinarily all inspection shall be completed within 3 months of the receipt of an application for recognition. The process of grant or refusal of application should ordinarily be completed before April 30th of the year in which it is proposed to start the classes.

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6.04 The Executive Council shall constitute a Committee for recommending affiliations of colleges which shall be headed by the Vice-Chancellor and include at least one Director/Principal of an Autonomous College by rotation and one representative of the State Government Department of Technical Education. The Vice-Chancellor shall nominate two other senior Deans of the University on this Committee.

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6.05 The recommendations of Affiliation Committee shall be forwarded by the University to the State Government as per requirements of Sec. 23 (2) of the Act.

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6.06 Upon receipt of the State Government approval, the Executive Council of the University shall grant the privileges of affiliation/enhance privileges of affiliation of the college concerned. No affiliation shall be granted by the Executive Council unless it is satisfied as per norms of All India Council for Technical Education.

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6.07 The University may grant affiliation to colleges for a period of 3-5 formance and transparent management practices, with prior approval of the State Governmentyears as the case may be, based on a criteria of high academic performance and transparent management practices, with prior approval of the State Government.

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... ... ....”

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It is an admitted position before us that the University had undertaken an exhaustive study as regards preparation of the perspective plan i.e. feasibility study in pursuance of the letter forwarded by the State Government as far back as 6.7.2023 and series of correspondence between the State and the University took place for looking into the feasibility of opening the new undergraduate pharmacy colleges or expansion of the courses of

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study therein. After exhaustive deliberations between the State and the University, a final report drawing the perspective plan was submitted to the State on 15.6.2024. The perspective plan is a very detailed document running into 58 pages. A note/report prepared in a tabular form regarding Pharmacy and other Professional Colleges is a part of the perspective report which is being reproduced below:-

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/ ट ि �प ् पणी आखया ्

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Pharmacy and other Professional Colleges:

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1.	अमेठी औरया,बागपत,बहराइच, बलि�या, ब�रामपुर, बांदा, भदोही, बंदायूं, चिचत्रकू�, हमीरपुर, कुशीनगर महामाया नगर,महोबा,संत कबीर नगर, श्रावस्ती ।	इन जि+�ों में नये उभरते पाठ्यक्रमों, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान तत्का� खो�े +ाने की आवश्यकता है।
2.	आगरा, आ+मगढ़, बस्ती, बु�न्दशहर,चन्दौ�ी,देवरिरया, ए�ा इ�ावा, फै+ाबाद, फरुखाबाद, फतेहपुर, टिफरो+ाबाद, गोण्डा, हरदोई, +ा�ौन,कन्नौ+,�लि�तपुर,मऊ टिम+ा2पुर,प्रतापगढ़,जिसद्वाथ2नगर, सीतापुर,सोनभद्र,सुल्तानपुर।	इन जि+�ों में नये उभरते पाठ्यक्रमो, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान खो�े +ाने की गु+ांइश है। पुराने पाठ् यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों(M ulti-disciplinary courses)में परिरवर्तित(Multi-disciplinary onvert) टिकये +ाने की आवश्यकता है। े R ं ् ्ि
3.	अम्बेदकरनगर गा+ीपुर,गोरखपुर, +ौनपुर,झांसी,कानपुर देहात, कानपुर नगर,कासगं+(Multi-disciplinaryकाशीराम नगर), कौशाम्बी, खीरी, रायबरे�ी, रामपुर सहारनपुर, शाह+हाँपुर,उन्नाव,वाराणसी।	नये फामRसी एवं अन्य व्यावसाचियक संस्थान खो�े +ाने का सीटिमत स्कोप है। पुराने च� रहे पाठ्यक्रमों में तत्का� गुणवत्ता सुधार उपायों की +रूरत है।
4.	गौतमबुद्ध नगर, गाजि+याबाद, �खनऊ।	नये संस्थान खो�े +ाने की आवश्यकता नहीं है। पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों Multi- disciplinary courses) में परिरवर्तित(Multi-disciplinary onvert)टिकये +ाने एवं गुणवत्ता सुधार उपायों की

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5.	अ�ीगढ़, बाराबंकी, बरे�ी, टिब+नौर, हापुर, हाथरस, ज्योचितबा फु�े नगर,महारा+गं+, मैनपुरी,मथुरा,मेरठ,मुरादाबाद, मुज्जफरनगर, पी�ीभीत, प्रयागरा+(Multi-disciplinaryइ�ाहाबाद)।	आवश्यकता है। तत्का� गुणवत्ता सुधार उपायों की +रूरत है। पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रम(M ulti-disciplinary courses)में परिरवर्तित(Multi-disciplinary onvert) टिकये +ाने की आवश्यकता है। नये उभरते पाठ्यक्रमों को खो�े +ाने का स्कोप है।

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It is not the case before us that the colleges in question are situated in the Districts regarding which the feasibility study does not approve of opening of new colleges. All the colleges have rather been established in the Districts where feasibility has been found in affirmative. It appears that the applications for grant of affiliation made to the University pertained to the Academic Session 2024-25.

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Needless to say that the feasibility study in terms of the directives issued by the State government had preceded the commencement of the Academic Session 2024-2025, regarding which, a final report was submitted to the State on 15.06.2024. Simultaneous to the ongoing process, the applications seeking affiliation were filed by the respective institutions as per the time schedule provided for. The matter as regards the affiliation for some reason or the other seems to have got delayed and ultimately on completion of the requisite process by the University a recommendation based on the resolution of the affiliation committee was forwarded to the State government on 6.11.2024 and 30.11.2024. The Special Secretary, Government of U.P. representing the Principal Secretary of the Department was a member of the affiliation committee of which the recommendations were forwarded to the State for the purposes of approval on 6.11.2024 and 30.11.2024.

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At the relevant point of time when the recommendations of the affiliation committee were placed before the State, the feasibility study had already been undertaken by the technical university and submitted to the State on 15.6.2024. The perspective plan as is clear from the relevant part extracted above related to all the districts mentioned therein.

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In view of the perspective plan prepared by the University as above, the question which crops up for consideration is as to whether an independent feasibility study was required to be conducted by the University with respect to each application for affiliation or the perspective report submitted on 15.06.2024 was a sufficient guidance for the affiliation committee to grant consent for the grant of affiliation by the state government. In this regard the Court is of the view that as a normal rule each application would involve a feasibility study as a condition precedent before the matter is placed before the affiliation committee, but in the case at hand, a perspective plan had already been worked on and submitted to the State Government on 15.06.2024 which had neither been disagreed or objected to by the State. The State itself had accorded No Objection Certificate (NOC) vide letter dated 03.09.2024 forwarded to the University on the basis of which the consent was granted by the University based on which the Pharmacy Council of India granted its approval on 12.11.2024.

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Having regard to the statutory provisions namely Section 23 of the U.P. Technical University Act, 2000 read-with Regulation-6 of the relevant regulations 2010, it is clear that in the normal course a feasibility study is a necessary concomitant for the purposes of grant of affiliation, satisfaction whereof is to be arrived at by the Vice-chancellor of the University soon after

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receiving the applications for grant of affiliation. This satisfaction has to be arrived at as per the scheme of the Statute prior to the consideration of the matter by the affiliation committee constituted by the Executive Council in terms of the Regulation 6.04.

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In the present case even if there was no reference to the feasibility study by the affiliation committee headed by the Vice-chancellor in the recommendations forwarded to the State on 06.11.2024 & 30.11.2024, yet the perspective plan prepared by the University with respect to all the Districts in Uttar Pradesh which had already been forwarded to the State Government i.e. on 15.06.2024 was bound to be considered for the approval sought and the objection could not be raised except on a valid deficiency.

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The State Government while considering the recommendation of the University for grant of affiliation has brushed aside the perspective plan submitted to it on 15.06.2024 and proceeded to raise an objection merely on the ground of lack of feasibility study which was completely baseless and misleading. The State Government at that stage ought not to have sidelined the perspective plan submitted on 15.06.2024 and it was rather obligatory on the part of the State to have considered the same before raising the impugned objection vide letter dated 26.12.2024 which came to be communicated to the aggrieved colleges on 01.01.2025. The State has not pointed out any specific shortcoming or deficiency in the feasibility study on account of which the same may not qualify the requisite criteria prescribed under law which in any case is open to be dealt with in exercise of reconsideration as per the applicable norms pursuant to the impugned judgment/order.

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Page No. 16 of 18

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It is in the aforesaid background that we have gone through the judgment passed by the learned Single Judge where all the writ petitions filed by the respective colleges have come to be allowed in terms of the order of which the operative part reads as under:-

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“31. In view of discussions made hereinabove, the impugned order dated 26.12.2024 pertaining to the meetings of the Affiliation Committee dated 06.11.2024 and 30.11.2024 bearing no.833923 of 2024 and 833903 of 2024 and the consequential orders passed by the University concerned are hereby quashed by issuance of a writ in the nature of certiorari. A further writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Principal Secretary, Department of Technical Education, U.P. Civil Secretariat, Lucknow to reconsider grant of affiliation to petitioner Institutions in terms of recommendations made by the University and approval granted by P.C.I. Such an exercise shall be conducted by the State Government expeditiously within a period of one week from today. In case of grant of affiliation to petitioners' Institutions, they shall be permitted to participate in the ongoing counselling process for B-Pharm Course for Academic Session 202425”.

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Having carefully gone through the judgment rendered by the learned single judge, we are not persuaded on any ground urged before us that the present intra-court appeal deserves interference for a different view in the backdrop of reasons recorded above besides what has been observed by the writ court. The observation of the learned Single Judge that the feasibility study is the criteria of which the exercise is not to be undertaken at the stage of approval by the State rather the ViceChancellor must ensure that the same is done before the matter is placed before the executive council for constitution of the

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Page No. 17 of 18

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affiliation committee where it was liable to be considered prior to making the recommendation in terms of Rule 6.04.

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The intra-court appeals filed by the State as well as the University arising out of the judgment/order dated 03.01.2025 are accordingly dismissed with all consequences.

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Coming to the intra-court appeal Nos. 28 of 2025 and 29 of 2025 wherein the learned writ court has proceeded to frame charges as a consequence of disobedience of the order passed earlier on 03.01.2025 and to refer the matter to the Contempt Judge, it may suffice to say that in case the State government proceeds to make necessary compliance of the judgment/order dated 03.01.2025 within a period of ten days from today, the framing of the charges against the contemnor shall remain in abeyance and the Court shall proceed in Writ-C No. 523 of 2025 and the connected matters only if the cause survives. The order passed by this Court shall be brought to the notice of the authorities by their respective learned counsel.

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(Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)

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Order Date :- 7.2.2025 kanhaiya

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Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Technical Education Lko. and Another v. Pt.Ram Charitra Mishra Mahavidyalaya Shksha Sansthan Thru.Manager Sharavan Kr. Mishra and 8 Others

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State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Technical Education Lko. and Another v. Pt.Ram Charitra Mishra Mahavidyalaya Shksha Sansthan Thru.Manager Sharavan Kr. Mishra and 8 Others

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