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
Checking your session…