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Allahabad High Court

I.I.E. COLLEGE OF NURSINGversusSTATE OF UP AND 2 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The court ordered a fourth inspection of the college within 15 days and a detailed report within three weeks, without interfering with the earlier inspection reports.

Summary

The petition was filed by I.I.E. College of Nursing challenging the denial of a No Objection Certificate (NOC) by the Uttar Pradesh State Medical Faculty, which cited deficiencies after three inspections. The petitioner argued that the inspection findings were erroneous and submitted documents to contest them. The State, through its standing counsel, defended the inspection reports. The High Court held that, on the material before it, it could not overturn the inspection report but noted that the respondents had themselves offered a fourth inspection. Consequently, the Court directed that a fourth inspection be conducted within 15 days in the presence of college authorities and that a detailed report be submitted within three weeks, and disposed of the writ petition.

Issues considered

  • Whether the denial of a No Objection Certificate by the State Medical Faculty, based on inspection reports, can be challenged through a writ petition.
  • Whether the High Court can set aside or modify the inspection findings without a fresh inspection.

Subjects

  • NOC
  • inspection
  • writ jurisdiction
  • administrative law
  • nursing college
  • Uttar Pradesh
  • health education

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 35381 of 2025

                                    I.I.E. College Of Nursing
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of Up And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)         : Ratnesh Kumar Pandey, Sarvesh Mani
                                                                        Pandey, Shobhit Saxena
                                    Counsel for Respondent(s)         : C.S.C.

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Ratnesh Kumar Pandey, learned counsel for petitioner and Sri
                                    S.K. Mishra, learned Standing Counsel for State-Respondents.

                                    2. Petitioner, a College of Nursing, is aggrieved that concerned respondent,
                                    i.e., U.P. State Medical Faculty, has denied "no objection certificate" to
                                    College since it has found several deficiencies after three inspections.
                                    However, an opportunity is granted to petitioner to apply for 4th Inspection.

                                    3. Learned counsel for petitioner has disputed the outcome of inspections on
                                    basis of certain documents.

                                    4. Learned Standing Counsel has supported the inspection report.

                                    5. At this stage, on basis of material available, the Court while sitting in writ
                                    jurisdiction cannot dispute the inspection report. However, since respondents
                                    themselves have granted opportunity to petitioner to get 4th Inspection,
                                    therefore, this writ petition is disposed of that concerned respondent will
                                    inspect petitioner-Institution within a period of 15 days from today in
                                    presence of concerned authority of College and submit a detail report
                                    including the objections, if any, raised by petitioner, within three weeks
                                    from the date of inspection.
                                    October 9, 2025
                                    AK
                                                                                 (Saurabh Shyam Shamshery,J.)



Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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