Delhi HC upholds State NOC requirement for GGSIPU affiliation

Updated on: Wednesday, August 29, 2012

Colleges seeking affiliation from capital's Guru Gobind Singh Indraprastha University (GGSIPU) will have to furnish a no objection certificate (NOC) from the state government where they are located, the Delhi high court ruled on Monday.

The high court made the requirement of NOC absolute on Monday when it dismissed a plea challenging the validity of GGSIPU's mandatory requirement for NOC.

A bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw dismissed the plea of a group of private colleges, which set up their campus in Haryana and Uttar Pradesh, seeking direction to GGSIPU for grant of affiliation without NOC to run MBA courses.

The bench also upheld the decision of Haryana and UP governments to refuse them the NOC. "We are also of the view that the refusal of the governments of the states of Haryana and Uttar Pradesh to issue NOC cannot be said to be arbitrary. The local laws of the respective states do not permit colleges/institutions located therein to be affiliated to any university other than the respective state universities. The refusal is thus in consonance with local laws to which there is no challenge," the bench said and set aside a single judge's order directing the states to issue NOC to the colleges.

The GGSIPU statute mandates NOC from the concerned state government to grant affiliation to the educational institutions. HC rejected the arguments put forth by the educational institution that they have spent huge amount of money on the colleges after obtaining the approval from the All India Council for Technical Education (AICTE) and the NOC of the state government was not required for affiliation from a university located outside the state.

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