NDLI: The Jawaharlal Nehru Technological University Registrar Vs. Sangam Laxmi Bai Vidyapeet & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Telangana Education Act 1982 – s.20
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Telangana Education Act, 1982 (1 of 1982)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Telangana Education Act, 1982 – s.20 – Respondent-Collegeapplied to the appellant-University for grant of No ObjectionCertificate (NOC) to start the D.Pharma course in their collegeduring the academic year 2018-2019 – University declined NOCon the ground that as per the Government’s policy and perspectiveplan, NOC was not to be granted for new institutions and newcourses – Challenged by respondent – High Court allowed the writpetition – On appeal, held: s.20 deals with permission for theestablishment of educational institutions – s.20(1) provides thatcompetent authority shall conduct survey to identify the educationalneeds of the locality under its jurisdiction as to how many institutionsare operating in the area and whether there is any further requirementof opening educational institutions/new courses in existing colleges– s.20(3) provides that any educational agency applying forpermission u/s.20(2) shall before the permission is granted, satisfythe authority concerned that there is a need for providing educationalfacilities to the people in the locality – In case there are alreadylarge number of institutions imparting education in the area, thecompetent authority may be justified not to grant the NOC, forpermitting an institution to come up in the area – s.20 intends toprevent the mushroom growth of the institutions/courses – There isalready a paucity of well-qualified teachers in a large number ofinstitutions and the available seats in Pharmacy course in theHyderabad city are remaining vacant every year in spite of thereduction in number of seats – Thus, in the instant case when 30institutions 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 toissue NOC – AICTE Act, 1987 – ss.2(g), 23(1) r/w ss.10 and 11.All India Council for Technical Education (Grant of approvalsfor 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 Regulations5.2 and 5.3 of the 2017 Regulations – Jawaharlal Nehru AffiliationProcedure and Regulations, 2017.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2018 INSC 1011
Petitioner	The Jawaharlal Nehru Technological University Registrar
Respondent	Sangam Laxmi Bai Vidyapeet & Ors.
SCR	[2018] 14 S.C.R. 103
Judgement Date	2018-10-29
Case Number	10807

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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