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Supreme Court of India 2018-10-29 allowed

Jawaharlal Nehru Technological University Registrar vs Sangam Laxmi Bai Vidyapeet & Ors

Bench: 2 — Arun Mishra

In Brief

A pharmacy college in Hyderabad sought a No Objection Certificate (NOC) from Jawaharlal Nehru Technological University to start a D. Pharmacy course but was denied on the ground that the state had imposed a moratorium on new technical institutions due to proliferation of colleges and vacant seats. The high court held the university must grant the NOC as it could not be withheld based on policy decisions. The Supreme Court allowed the university's appeal, holding that under Section 20 of the Telangana Education Act, 1982, the state and university have the power to assess local educational needs and refuse NOC when justified. The court found that 30 pharmacy colleges already operated in Hyderabad with 173 vacant seats, making the refusal rational and non-arbitrary. The decision upheld that the state can regulate educational institutions to prevent mushroom growth and maintain educational quality.

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