A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw turned down the plea of a group of private colleges, which set up their campus in the state of Haryana and Uttar Pradesh, seeking direction to GGSIPU, located in Delhi, for grant of affiliation without NOC to run MBA courses.
It set aside single judge bench's order directing the states to issue NOCs to the colleges which set up their campus in these states.
The court upheld the decision of Haryana and UP governments refusing them the No Objection Certificate(NOC) on ground that local laws do not permit them to issue NOC to institutions to set up their campus in the state.
"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.
The GGSIPU statute mandates NOC from the concerned state government to grant affiliation to the educational institutions.
The court rejected the arguments of the educational institution that they have spent huge amount of money for the colleges after obtaining the approval from the All India Council for Technical Education (AICTE) and the NOC of the concern state government was not required for the affiliation from an University located outside the state.
