Shri Shidhi Vinayak Inst. Of Pharmacy, Thru. Auth. State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No

(1) We have heard Sri V.P. Nag, learned Additional Chief Standing Counsel for the appellants-respondents and Dr. L.P. Misra assisted by S/Sri Prafulla Tiwari, Ujjwal Tripathi, Rajat Ranjan Singh, Ajay Pratap Singh, Paavan Awasthi, Naveen Shukla, and Ambrish Singh Yadav, learned counsel for the contesting respondents-petitioners, Sri Atul Kumar Dwivedi, learned counsel for Dr.A.P.J. Abdul Kalam Technical University and Sri Ravi Singh, learned Counsel for the Pharmacy Council of India. (2) This bunch of intra-Court appeals is directed against the judgment and order rendered by the Writ Court on 10.03.2025 in Writ-C No. 1952 of 2025, Islami Fund Najibabad v. State of U.P. and others and other connected writ petitions whereby the writ petitions filed by the respondents-petitioners were allowed. The operative portion of the order dated 10.03.2025 reads as under:- “38. The action taken by State Government in pursuance of judgments rendered by Writ Court and Appellate Court therefore not being in consonance with the directions, are hereby quashed by issuance of a writ in the nature of certiorari so far as it relates to petitioners. A further writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Principal Secretary, Department of Technical Education, U.P. Civil Secretariat, Lucknow to pass appropriate orders pertaining to grant of affiliation to petitioners institutions in the light of judgment and order dated 03.01.2025 and of the Appellate Court dated State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 6 of 19

07.02.2025 as has been explained hereinabove that is particularly on the basis of recommendations dated 06.11.2024 and 30.11.2024 made by Affiliation Committee of University. Appropriate directions by State Government shall be passed within a period of two weeks from today. In case affiliation is now granted to any of petitioners institution, the State Government would also consider remedial steps for fulfilling the vacant seats remaining in such institutions prior to commencement of studies in the colleges concerned.” BACKGROUND OF THE CASE (3) Before proceeding to decide the controversy involved in the present Special Appeals, it would be apt to mention that in the first round of litigation, when the grant of affiliation to the institutions of respondents-petitioners for conduct of B-Pharm. Course for the Academic Year 2024-25 was rejected by the State Government on the ground that recommendations for affiliation were made without undertaking any feasibility study, they had challenged the said rejection order in Writ-C No. 19 of 2025 and other connected petitions. When the said bunch of Writ Petitions was allowed vide judgment and order dated

03.01.2025 holding that the feasibility study was required to be conducted at the stage of grant of No Objection Certificate (NOC) by the State Government but not thereafter, the State and the University filed their respective Appeals, leading Appeal being Special Appeal No. 24 of 2025. The said bunch of Special Appeals was considered and dismissed by this Bench vide judgment and order dated 07.02.2025. (4) Section 23 of the U.P. Technical University Act, 2000 provides as follows:- “23. (1)This section shall apply to the colleges. State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 7 of 19 (2) This Executive Council may, [with the previous permission/approval of the State Government]¹, admit any college which fulfils such conditions of affiliation, as may be prescribed to the privileges of affiliation or enlarge the privileges of any college already affiliated or withdraw or curtail any such privilege. (3) It shall be lawful for a college to make arrangement with any other college situated in the same local area, or with the University, for cooperation in the work of teaching or research. (4) Excepts as provided by this Act, the management of a college shall be free to manage and control the affairs of the college and be responsible for its maintenance and upkeep, and its Principal shall be responsible for the discipline of its students and for the superintendence and control over its staff. (5) Every college shall furnish such reports, returns and other particulars as the Executive Council or the Vice Chancellor may call for. (6) The Executive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons authorised by it in that behalf, and a report of the inspection shall be made to the Executive Council. (7) The Executive Council may direct a college so inspected take such action as may appear to it to be necessary within such period as may be specified. (8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council under sub-section (7) or to fulfill the conditions of affiliation may, after obtaining report from management of the college and with the previous sanction of the [State Government]¹, be withdrawn or curtailed by the Executive Council in the accordance with the provisions of the Regulations. (9) Notwithstanding anything contained in sub- sections (2) and (8). if the management of any State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 8 of 19 college has failed to fulfill the conditions of affiliation, the [State Government]² may, after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.” (5) The relevant part of Regulation - 6.4 of the Gautam Budh Technical University, Lucknow First Regulations, 2010 as follows:- include at “6.04 The Executive Council shall constitute a Committee for recommending affiliations of colleges which shall be headed by the Vice- Chancellor and Director/Principal of an Autonomous College by rotation and one representative of the State Government Department of Technical Education. The Vice-Chancellor shall nominate two other senior Deans of the University on this Committee.” (6) Pursuant to the letter dated 06.07.2023 sent by the State Government to the University for preparation of the perspective plan, i.e., feasibility study, a series of correspondence between the State Government and the University took place and a final report drawing perspective plan was submitted to the State by the University on 15.06.2024, which contains a note/report prepared in a tabular form for Pharmacy and other Professional Colleges which is being reproduced below:- टि(cid:2)प्पणी / आख्या Pharmacy and other Professional Colleges:

1. अमेठी औरया, बागपत, बहराइच, ब(cid:25)रामपुर, बांदा, बलि(cid:25)या, चिचत्रकू (cid:2), ं, बंदायू भदोही, हमीरपुर, कु शीनगर महामाया नगर, महोबा, संत कबीर नगर, श्रावस्ती । इन जि+(cid:25)ों में नये उभरते पाठ्यक्रमों, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान तत्का(cid:25) खो(cid:25)े की आवश्यकता है। +ाने

2. आगरा, आ+मगढ़, बस्ती, इन जि+(cid:25)ों में नये उभरते State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others इ(cid:2)ावा, बु(cid:25)न्दशहर, चन्दौ(cid:25)ी, देवरिरया, फै +ाबाद, ए(cid:2)ा फतेहपुर, फरुखाबाद, टिफरो+ाबाद, हरदोई, गोण्डा, +ा(cid:25)ौन, कन्नौ+, (cid:25)लि(cid:25)तपुर, मऊ टिम+ा2पुर, प्रतापगढ़, जिसद्वाथ2नगर, सीतापुर, सोनभद्र, सुल्तानपुर।

3. अम्बेदकरनगर गा+ीपुर, गोरखपुर, +ौनपुर, झांसी, कानपुर देहात, कानपुर नगर, कासगं+ (Multi-काशीराम कौशाम्बी, नगर), खीरी, रामपुर सहारनपुर, रायबरे(cid:25)ी, शाह+हाँपुर, उन्नाव, वाराणसी।

4. गौतमबुद्ध नगर , (cid:25)खनऊ। गाजि+याबाद, बरे(cid:25)ी, बाराबंकी, 5. अ(cid:25)ीगढ़, टिब+नौर, हाथरस, हापुर, ज्योचितबा फु (cid:25)े नगर, महारा+गं+, मैनपुरी, मथुरा, मेरठ, मुरादाबाद, मुज्जफरनगर, पी(cid:25)ीभीत, प्रयागरा+ (Multi-इ(cid:25)ाहाबाद)। Page No. 9 of 19 पाठ्यक्रमो, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान खो(cid:25)े +ाने की गु ं+ाईश है। पुराने पाठ् यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों (Multi-Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने की आवश्यकता है। नये फामRसी एवं अन्य व्यावसाचियक संस्थान खो(cid:25)े +ाने का सीटिमत है। पुराने च(cid:25) रहे स्कोप पाठ्यक्रमों में तत्का(cid:25) गुणवत्ता सुधार उपायों की +रूरत है। नये संस्थान खो(cid:25)े +ाने की आवश्यकता नहीं है । पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने एवं गुणवत्ता सुधार उपायों की आवश्यकता है। तत्का(cid:25) गुणवत्ता सुधार उपायों की +रूरत है। पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रम (Multi-Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने की आवश्यकता है। नये उभरते पाठ्यक्रमों को खो(cid:25)े +ाने का स्कोप है। (7) In paragraph Nos. 12, 13, 14, 15, 17 and 19, this Court made some of the observations while dismissing the appeals vide judgment and order dated 07.02.2025 which are reproduced as under:- “12. In view of the perspective plan prepared by the University as above, the question which crops up for consideration is as to whether an independent feasibility study was required to be conducted by the University with respect to each State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 10 of 19 application for affiliation or the perspective report submitted on 15.06.2024 was a sufficient guidance for the affiliation committee to grant consent for the grant of affiliation by the state government. In this regard the Court is of the view that as a normal rule each application would involve a feasibility study as a condition precedent before the matter is placed before the affiliation committee, but in the case at hand, a perspective plan had already been worked on and submitted to the State Government on 15.06.2024 which had neither been disagreed or objected to by the State. The State itself had accorded No Objection Certificate (NOC) vide letter dated 03.09.2024 forwarded to the University on the basis of which the consent was granted by the University based on which the Pharmacy Council of India granted its approval on 12.11.2024.

13. Having regard to the statutory provisions namely Section 23 of the U.P. Technical University Act, 2000 read-with Regulation-6 of the relevant regulations 2010, it is clear that in the normal course a feasibility study is a necessary concomitant for the purposes of grant of affiliation, satisfaction whereof is to be arrived at by the Vice-chancellor of the University soon after receiving the applications for grant of affiliation. This satisfaction has to be arrived at as per the scheme of the Statute prior to the consideration of the matter by the affiliation committee constituted by the Executive Council in terms of the Regulation 6.04.

14. In the present case even if there was no reference to the feasibility study by the affiliation committee headed by the Vice-chancellor in the recommendations forwarded to the State on 06.11.2024 & 30.11.2024, yet the perspective plan prepared by the University with respect to all the Districts in Uttar Pradesh which had already been forwarded to the State Government i.e. on 15.06.2024 was bound to be considered for the approval sought and the objection could not be raised except on a valid deficiency. The State Government while considering the 15. recommendation of the University for grant of State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 11 of 19 affiliation has brushed aside the perspective plan submitted to it on 15.06.2024 and proceeded to raise an objection merely on the ground of lack of feasibility study which was completely baseless and misleading. The State Government at that stage ought not to have sidelined the perspective plan submitted on 15.06.2024 and it was rather obligatory on the part of the State to have considered the same before raising the impugned objection vide letter dated 26.12.2024 which came to be communicated to the aggrieved colleges on 01.01.2025. The State has not pointed out any specific shortcoming or deficiency in the feasibility study on account of which the same may not qualify the requisite criteria prescribed under law which in any case is open to be dealt with in exercise of reconsideration as per the applicable norms pursuant to the impugned judgment/order.

17. Having carefully gone through the judgment rendered by the learned single judge, we are not persuaded on any ground urged before us that the present intra-court appeal deserves interference for a different view in the backdrop of reasons recorded above besides what has been observed by the writ court. The observation of the learned Single Judge that the feasibility study is the criteria of which the exercise is not to be undertaken at the stage of approval by the State rather the Vice-Chancellor must ensure that the same is done before the matter is placed before the executive council for constitution of the affiliation committee where it was liable to be considered prior to making the recommendation in terms of Rule 6.04. 19 . Coming to the intra-court appeal Nos. 28 of 2025 and 29 of 2025 wherein the learned writ court has proceeded to frame charges as a consequence of disobedience of the order passed earlier on 03.01.2025 and to refer the matter to the Contempt Judge, it may suffice to say that in case the State government proceeds to make necessary compliance of the judgment/order dated 03.01.2025 within a period of ten days from today, the framing of the charges against the contemnor shall remain in abeyance and the Court shall proceed in Writ-C No. 523 of 2025 and the State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 12 of 19 connected matters only if the cause survives. The order passed by this Court shall be brought to the notice of the authorities by their respective learned counsel.” BRIEF PARTICULARS OF THE CASE (8) Pursuant to the judgment and order dated 07.02.2025, the State Government vide its letters dated 07.02.2025 and 08.02.2025 directed the Vice-Chancellor of the University to send fresh recommendations by 10.02.2025 for placing the matter before the Affiliation Committee and after due deliberations, the Committee resolved/recommended for grant of affiliation to the institutions which are categorized at Sl. Nos.1, 2 and 3, whereas the affiliation was rejected to the institutions falling under category Nos.4 and 5, as stated in paragraph - 6 of the order. (9) In response to the resolutions/recommendations of the Affiliation Committee dated 10.02.2025, the State Government was informed that the institutions of the appellants-petitioners, which are categorized in Group 4 & 5 have not been recommended for affiliation. Consequently, the State Government passed an order dated 17.02.2025 and the University has passed the ancillary order dated 19.02.2025, which are under challenge before the Writ Court. (10) The action of the State Government was challenged by the appellants-petitioners before the Writ Court by filing their respective writ petitions, leading writ petition being Writ - C No. 1952 of 2025, on the ground that after grant of No Objection Certificate by the State Government and the University, the Pharmacy Council of India has granted its approval to the appellants-petitioners’ institutions for the academic session 2024-25, but in a most illegal and arbitrary manner the State Government refused to grant approval for affiliation of the appellants-petitioners in complete derogation State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 13 of 19 of the directions issued by the High Court in its judgments and orders dated 03.01.2025 and 07.02.2025 passed by the Writ Court and the Appellate Court respectively and such an exercise is not only in violation of the Pharmacy Act, 1948 but also against various judgments of the Apex Court and this Court. FINDINGS AND DIRECTIONS OF THE WRIT COURT (11) While allowing the writ petitions, the learned Single Judge was of the opinion that the recommendations of Affiliation Committee as indicated in the judgment rendered by the Writ Court clearly pertain to recommendations dated 06.11.2024 and

30.11.2024. Once the said directions have not been interfered with by the Appellate Court, the only course of action available to the State Government was to have reconsidered the aspect of affiliation of petitioners’ institutions only in terms of reports dated 06.11.2024 and 30.11.2024. (12) Since the action taken by the State Government is not in consonance with the directions rendered by the Writ Court and the Appellate Court, the Writ Court, while allowing the writ petitions of the appellants-petitioners with certain directions, quashed the impugned orders insofar as it relates to the appellants-petitioners. (13) Hence the present Special Appeals have been filed by the State Government. SUBMISSIONS OF THE PARTIES (14) Learned Additional Chief Standing Counsel submitted that in compliance of this Court’s Order dated 07.02.2025 passed in Special Appeal No. 24 of 2025, a meeting was convened by the Affiliation Committee on 10.02.2025, a copy whereof is Annexure - 2 to the writ petition and granted affiliations to the State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 14 of 19 institutions which are covered under category Nos.1, 2 and 3 as per applicable norms. Since the respondents-petitioners did not fulfill the eligibility criteria, the grant of affiliation to the respondents-petitioners was rejected. (15) He has further submitted that it is settled legal proposition that the role of statutory expert, bodies on education and role of Courts are well defined by a simple rule. If it is a question of education policy or an issue involving academic matter, the Courts keep their hands off. (16) On the other hand, learned counsel for the respondents- petitioners submitted that vide judgment and order dated

07.02.2025, this Court directed the State Government to re- consider the matter in terms of the recommendations by the University in the shape of report dated 15.06.2024, but instead of complying with the orders of this Court, the State Government called for fresh recommendations from the University vide letters dated 07.02.2025 and 08.02.2205, as stated above, and thereafter, a meeting was convened on

10.02.2025, and accordingly, the impugned orders were passed. Since the purport of the order was completely misunderstood by the State Government, the writ petitions filed by them were rightly allowed. FINDINGS OF THE APPELLATE COURT (17) We have considered the submissions made by the learned Counsel for the parties and perused the material available on record. (18) Needless to mention that in the earlier round of litigation, while affirming the order passed by the Writ Court in the appellate jurisdiction, this Court had directed the State Government to re- State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 15 of 19 consider the grant of affiliation to the petitioners’ institutions in terms of the perspective plan submitted to it on 15.06.2024. On receipt of the judgment and order dated 07.02.2025, the State Government directed the University to submit its fresh recommendations vide its letters dated 07.02.2025 and

08.02.2025 for placing the same before the Affiliation Committee which was to be convened on 10.02.2025. Accordingly, the meeting was convened on 10.02.2025 and based on the perspective plan, all the institutions applying for grant of recognition were categorized into five groups which are as under:- Category Group - 1 Group - 2 Group - 3 Group - 4 Group - 5 Description Immediate need to Open New Emerging Courses Pharma Studies & Professional Studies Scope to open New Emerging Courses in Pharma Studies & other Professional Studies. Need convert old courses into Multi Disciplinary Courses. Limited Scope. Improvement Measures Needed. Immediate Quality No scope. Need convert old courses into Multi Disciplinary Courses. Immediate Quality improvement measures needed. Immediate Quality improvement measures needed. Need convert old courses into Multi Disciplinary Courses. Scope to open New Emerging Courses. (19) After considering the material placed before it, the Affiliation Committee resolved/recommended for grant of affiliation to the institutions falling under Group - 1, 2 and 3, whereas the same was denied for the institutions falling under Group 4 & 5. The relevant portion of the resolutions passed by the Affiliation Committee on 10.02.2025 is as under:- State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 16 of 19 “ … mijksDr ds n`f"Vxr lEcU++)rk lfefr }kjk lE;d ijh’khyu ds mijkUr ilZisfDVo Iyku ds n`f"Vxr xz`i 1] 2 o 3 esa u;s laLFkku [kksys tkus rFkk xz`i 4 o 5 es ugha [kksys tkus ds lEcU/k esa lgefr dh n’kk esa fopkj fd;k tk ldrk gS A ;g Hkh mYys[kuh; gS fd 'kklukns’k fnukad 05-01-2024 ds dze ess 'kklu Lrj ls ,u0vks0lh0 tkjh fd;s tkus ds mijkUr fo’ofo|ky; }kjk laLFkkvksa dks dalsUV vkQ ,fQfy,’ku fuxZr fd;k x;k gS A 'kklukns’k fnukad 05-01-2024 ds dze esa izdj.k ls vkPNkfnr laLFkkvksa ds lEcU/k esa iwoZ esa lEc)rk lfefr }kjk dh x;h laLrqfr dk laKku ysrs gq, 'kklu Lrj ij fu.kZ; fy;s tkus dh laLrqfr lEc)rk lfefr }kjk dh tkrh gS A” (20) A perusal of the resolutions makes it abundantly clear that in a cursory manner, based on the procedure laid down in the Government Order dated 05.01.2024 for obtaining No Objection Certificate/Consent of affiliation to the institutions, the institutions falling under Group 1, 2 and 3 have been recommended for grant of recognition but the same has been denied to the institutions falling under Group 4 and 5. (21) While analyzing the categories, it struck to us that the institutions falling under Group - 3 have been granted affiliation wherein, it has been mentioned that there is a limited scope and immediate quality improvement measures needed. However, the institutions falling under Group - 5 have been denied permission, wherein it has been stated that immediate quality improvement measures needed. Need to convert old courses into Multi-Disciplinary Courses. Scope to open new emerging courses. Since nothing has been discussed/analyzed regarding the issue by the Affiliation Committee in its meeting held on 10.02.2025, on comparison of Group 3 and 5, it is evident that where there is a limited scope, they have been granted affiliation. However, where there is a scope to open State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others new emerging courses, they have been denied permission for grant of affiliation to them. Page No. 17 of 19 (22) For the reasons stated above, the institutions falling under Group - 5 shall again be considered by the State Government in light of the Perspective Plan submitted to it on 15.06.2024. (23) So far as the institutions falling under Group - 4 are concerned, we are of the opinion that as per Perspective Plan, there is no scope for opening new institutions and therefore, the resolution passed by the Affiliation Committee in respect of the institutions falling under Group - 4 needs no interference. (24) So far as the plea taken by the learned counsel for the respondents-petitioners that the directions issued by the Writ Court and Appellate Court have not been complied with in its letter and spirit, we are of the firm opinion that after calling for fresh reports from the University, the affiliation has been granted to the institutions falling under Group 1, 2 and 3. Since the same benefit has not been extended to the institutions falling under Group 4 and 5, it cannot be said that the State Government undermined the authority of the High Court. CONCLUSION (25) In view of what has been stated above, the directions issued by the Writ Court need modification which are as under:- (a) Special Appeals filed by the State against the institutions falling under Group - 4 districts, namely, Gautam Budh Nagar, Ghaziabad and Lucknow are allowed and the impugned judgment and order dated 10.03.2025 is set aside insofar as Gautam Budh Nagar, Ghaziabad and Lucknow districts are concerned. State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 18 of 19 (b) Special Appeals filed by the State against the institutions falling under Group - 5 districts, namely, Aligarh, Barabanki, Bareilly, Bijnor, Hapur, Hathras, Jyothibha Phule Nagar, Maharaganj, Mainpuri, Mathura, Meerut, Moradabad, Muzaffarnagar, Philibhit, Prayagraj (Allahabad) are dismissed. (c) The State Government is directed to re-consider the case of the institutions falling under Group ‘5’ strictly in terms of the directions issued by the Writ Court in the impugned judgment and order dated 10.03.2025, within a period of two weeks from today. (26) The following table gives a conspicuous picture in respect of the Special Appeals filed by the State in the instant bunch of Appeals:- Sl. No.

3. Name of the district Special Appeal Bijnor Bareilly Prayagraj Number Result of Special Appeal Dismissed Dismissed Dismissed

4. Gautam Buddha Nagar Allowed

16. Bareilly Barabanki Prayagraj Lucknow Amroha Prayagraj Ghaziabad Bijnor Lucknow Prayagraj Bijnor Ghaziabad

17. Gautam Buddha Nagar State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Dismissed Dismissed Dismissed Allowed Dismissed Dismissed Allowed Dismissed Allowed Dismissed Dismissed Allowed Allowed Page No. 19 of 19

21. Lucknow Amroha Maharajganj Lucknow Allowed Dismissed Dismissed Allowed (27) The parties shall bear their own costs. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 17.07.2025 lakshman State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others

(1) We have heard Sri V.P. Nag, learned Additional Chief Standing Counsel for the appellants-respondents and Dr. L.P. Misra assisted by S/Sri Prafulla Tiwari, Ujjwal Tripathi, Rajat Ranjan Singh, Ajay Pratap Singh, Paavan Awasthi, Naveen Shukla, and Ambrish Singh Yadav, learned counsel for the contesting respondents-petitioners, Sri Atul Kumar Dwivedi, learned counsel for Dr.A.P.J. Abdul Kalam Technical University and Sri Ravi Singh, learned Counsel for the Pharmacy Council of India. (2) This bunch of intra-Court appeals is directed against the judgment and order rendered by the Writ Court on 10.03.2025 in Writ-C No. 1952 of 2025, Islami Fund Najibabad v. State of U.P. and others and other connected writ petitions whereby the writ petitions filed by the respondents-petitioners were allowed. The operative portion of the order dated 10.03.2025 reads as under:- “38. The action taken by State Government in pursuance of judgments rendered by Writ Court and Appellate Court therefore not being in consonance with the directions, are hereby quashed by issuance of a writ in the nature of certiorari so far as it relates to petitioners. A further writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Principal Secretary, Department of Technical Education, U.P. Civil Secretariat, Lucknow to pass appropriate orders pertaining to grant of affiliation to petitioners institutions in the light of judgment and order dated 03.01.2025 and of the Appellate Court dated State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 6 of 19

07.02.2025 as has been explained hereinabove that is particularly on the basis of recommendations dated 06.11.2024 and 30.11.2024 made by Affiliation Committee of University. Appropriate directions by State Government shall be passed within a period of two weeks from today. In case affiliation is now granted to any of petitioners institution, the State Government would also consider remedial steps for fulfilling the vacant seats remaining in such institutions prior to commencement of studies in the colleges concerned.” BACKGROUND OF THE CASE (3) Before proceeding to decide the controversy involved in the present Special Appeals, it would be apt to mention that in the first round of litigation, when the grant of affiliation to the institutions of respondents-petitioners for conduct of B-Pharm. Course for the Academic Year 2024-25 was rejected by the State Government on the ground that recommendations for affiliation were made without undertaking any feasibility study, they had challenged the said rejection order in Writ-C No. 19 of 2025 and other connected petitions. When the said bunch of Writ Petitions was allowed vide judgment and order dated

03.01.2025 holding that the feasibility study was required to be conducted at the stage of grant of No Objection Certificate (NOC) by the State Government but not thereafter, the State and the University filed their respective Appeals, leading Appeal being Special Appeal No. 24 of 2025. The said bunch of Special Appeals was considered and dismissed by this Bench vide judgment and order dated 07.02.2025. (4) Section 23 of the U.P. Technical University Act, 2000 provides as follows:- “23. (1)This section shall apply to the colleges. State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 7 of 19 (2) This Executive Council may, [with the previous permission/approval of the State Government]¹, admit any college which fulfils such conditions of affiliation, as may be prescribed to the privileges of affiliation or enlarge the privileges of any college already affiliated or withdraw or curtail any such privilege. (3) It shall be lawful for a college to make arrangement with any other college situated in the same local area, or with the University, for cooperation in the work of teaching or research. (4) Excepts as provided by this Act, the management of a college shall be free to manage and control the affairs of the college and be responsible for its maintenance and upkeep, and its Principal shall be responsible for the discipline of its students and for the superintendence and control over its staff. (5) Every college shall furnish such reports, returns and other particulars as the Executive Council or the Vice Chancellor may call for. (6) The Executive Council shall cause every college to be inspected from time to time at intervals not exceeding five years by one or more persons authorised by it in that behalf, and a report of the inspection shall be made to the Executive Council. (7) The Executive Council may direct a college so inspected take such action as may appear to it to be necessary within such period as may be specified. (8) The privileges of affiliation of a college which fails to comply with any direction of the Executive Council under sub-section (7) or to fulfill the conditions of affiliation may, after obtaining report from management of the college and with the previous sanction of the [State Government]¹, be withdrawn or curtailed by the Executive Council in the accordance with the provisions of the Regulations. (9) Notwithstanding anything contained in sub- sections (2) and (8). if the management of any State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 8 of 19 college has failed to fulfill the conditions of affiliation, the [State Government]² may, after obtaining a report from the Management and the Vice-Chancellor, withdraw or curtail the privileges of affiliation.” (5) The relevant part of Regulation - 6.4 of the Gautam Budh Technical University, Lucknow First Regulations, 2010 as follows:- include at “6.04 The Executive Council shall constitute a Committee for recommending affiliations of colleges which shall be headed by the Vice- Chancellor and Director/Principal of an Autonomous College by rotation and one representative of the State Government Department of Technical Education. The Vice-Chancellor shall nominate two other senior Deans of the University on this Committee.” (6) Pursuant to the letter dated 06.07.2023 sent by the State Government to the University for preparation of the perspective plan, i.e., feasibility study, a series of correspondence between the State Government and the University took place and a final report drawing perspective plan was submitted to the State by the University on 15.06.2024, which contains a note/report prepared in a tabular form for Pharmacy and other Professional Colleges which is being reproduced below:- टि(cid:2)प्पणी / आख्या Pharmacy and other Professional Colleges:

1. अमेठी औरया, बागपत, बहराइच, ब(cid:25)रामपुर, बांदा, बलि(cid:25)या, चिचत्रकू (cid:2), ं, बंदायू भदोही, हमीरपुर, कु शीनगर महामाया नगर, महोबा, संत कबीर नगर, श्रावस्ती । इन जि+(cid:25)ों में नये उभरते पाठ्यक्रमों, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान तत्का(cid:25) खो(cid:25)े की आवश्यकता है। +ाने

2. आगरा, आ+मगढ़, बस्ती, इन जि+(cid:25)ों में नये उभरते State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others इ(cid:2)ावा, बु(cid:25)न्दशहर, चन्दौ(cid:25)ी, देवरिरया, फै +ाबाद, ए(cid:2)ा फतेहपुर, फरुखाबाद, टिफरो+ाबाद, हरदोई, गोण्डा, +ा(cid:25)ौन, कन्नौ+, (cid:25)लि(cid:25)तपुर, मऊ टिम+ा2पुर, प्रतापगढ़, जिसद्वाथ2नगर, सीतापुर, सोनभद्र, सुल्तानपुर।

3. अम्बेदकरनगर गा+ीपुर, गोरखपुर, +ौनपुर, झांसी, कानपुर देहात, कानपुर नगर, कासगं+ (Multi-काशीराम कौशाम्बी, नगर), खीरी, रामपुर सहारनपुर, रायबरे(cid:25)ी, शाह+हाँपुर, उन्नाव, वाराणसी।

4. गौतमबुद्ध नगर , (cid:25)खनऊ। गाजि+याबाद, बरे(cid:25)ी, बाराबंकी, 5. अ(cid:25)ीगढ़, टिब+नौर, हाथरस, हापुर, ज्योचितबा फु (cid:25)े नगर, महारा+गं+, मैनपुरी, मथुरा, मेरठ, मुरादाबाद, मुज्जफरनगर, पी(cid:25)ीभीत, प्रयागरा+ (Multi-इ(cid:25)ाहाबाद)। Page No. 9 of 19 पाठ्यक्रमो, फामा2 अध्ययन और व्यावसाचियक अध्ययन हेतु संस्थान खो(cid:25)े +ाने की गु ं+ाईश है। पुराने पाठ् यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों (Multi-Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने की आवश्यकता है। नये फामRसी एवं अन्य व्यावसाचियक संस्थान खो(cid:25)े +ाने का सीटिमत है। पुराने च(cid:25) रहे स्कोप पाठ्यक्रमों में तत्का(cid:25) गुणवत्ता सुधार उपायों की +रूरत है। नये संस्थान खो(cid:25)े +ाने की आवश्यकता नहीं है । पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रमों Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने एवं गुणवत्ता सुधार उपायों की आवश्यकता है। तत्का(cid:25) गुणवत्ता सुधार उपायों की +रूरत है। पुराने पाठ्यक्रमों को व्यावसाचियक दृटिL से बहुटिवषयक पाठ्यक्रम (Multi-Multi- disciplinary courses) में परिरवर्तितत (Multi-convert) टिकये +ाने की आवश्यकता है। नये उभरते पाठ्यक्रमों को खो(cid:25)े +ाने का स्कोप है। (7) In paragraph Nos. 12, 13, 14, 15, 17 and 19, this Court made some of the observations while dismissing the appeals vide judgment and order dated 07.02.2025 which are reproduced as under:- “12. In view of the perspective plan prepared by the University as above, the question which crops up for consideration is as to whether an independent feasibility study was required to be conducted by the University with respect to each State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 10 of 19 application for affiliation or the perspective report submitted on 15.06.2024 was a sufficient guidance for the affiliation committee to grant consent for the grant of affiliation by the state government. In this regard the Court is of the view that as a normal rule each application would involve a feasibility study as a condition precedent before the matter is placed before the affiliation committee, but in the case at hand, a perspective plan had already been worked on and submitted to the State Government on 15.06.2024 which had neither been disagreed or objected to by the State. The State itself had accorded No Objection Certificate (NOC) vide letter dated 03.09.2024 forwarded to the University on the basis of which the consent was granted by the University based on which the Pharmacy Council of India granted its approval on 12.11.2024.

13. Having regard to the statutory provisions namely Section 23 of the U.P. Technical University Act, 2000 read-with Regulation-6 of the relevant regulations 2010, it is clear that in the normal course a feasibility study is a necessary concomitant for the purposes of grant of affiliation, satisfaction whereof is to be arrived at by the Vice-chancellor of the University soon after receiving the applications for grant of affiliation. This satisfaction has to be arrived at as per the scheme of the Statute prior to the consideration of the matter by the affiliation committee constituted by the Executive Council in terms of the Regulation 6.04.

14. In the present case even if there was no reference to the feasibility study by the affiliation committee headed by the Vice-chancellor in the recommendations forwarded to the State on 06.11.2024 & 30.11.2024, yet the perspective plan prepared by the University with respect to all the Districts in Uttar Pradesh which had already been forwarded to the State Government i.e. on 15.06.2024 was bound to be considered for the approval sought and the objection could not be raised except on a valid deficiency. The State Government while considering the 15. recommendation of the University for grant of State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 11 of 19 affiliation has brushed aside the perspective plan submitted to it on 15.06.2024 and proceeded to raise an objection merely on the ground of lack of feasibility study which was completely baseless and misleading. The State Government at that stage ought not to have sidelined the perspective plan submitted on 15.06.2024 and it was rather obligatory on the part of the State to have considered the same before raising the impugned objection vide letter dated 26.12.2024 which came to be communicated to the aggrieved colleges on 01.01.2025. The State has not pointed out any specific shortcoming or deficiency in the feasibility study on account of which the same may not qualify the requisite criteria prescribed under law which in any case is open to be dealt with in exercise of reconsideration as per the applicable norms pursuant to the impugned judgment/order.

17. Having carefully gone through the judgment rendered by the learned single judge, we are not persuaded on any ground urged before us that the present intra-court appeal deserves interference for a different view in the backdrop of reasons recorded above besides what has been observed by the writ court. The observation of the learned Single Judge that the feasibility study is the criteria of which the exercise is not to be undertaken at the stage of approval by the State rather the Vice-Chancellor must ensure that the same is done before the matter is placed before the executive council for constitution of the affiliation committee where it was liable to be considered prior to making the recommendation in terms of Rule 6.04. 19 . Coming to the intra-court appeal Nos. 28 of 2025 and 29 of 2025 wherein the learned writ court has proceeded to frame charges as a consequence of disobedience of the order passed earlier on 03.01.2025 and to refer the matter to the Contempt Judge, it may suffice to say that in case the State government proceeds to make necessary compliance of the judgment/order dated 03.01.2025 within a period of ten days from today, the framing of the charges against the contemnor shall remain in abeyance and the Court shall proceed in Writ-C No. 523 of 2025 and the State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 12 of 19 connected matters only if the cause survives. The order passed by this Court shall be brought to the notice of the authorities by their respective learned counsel.” BRIEF PARTICULARS OF THE CASE (8) Pursuant to the judgment and order dated 07.02.2025, the State Government vide its letters dated 07.02.2025 and 08.02.2025 directed the Vice-Chancellor of the University to send fresh recommendations by 10.02.2025 for placing the matter before the Affiliation Committee and after due deliberations, the Committee resolved/recommended for grant of affiliation to the institutions which are categorized at Sl. Nos.1, 2 and 3, whereas the affiliation was rejected to the institutions falling under category Nos.4 and 5, as stated in paragraph - 6 of the order. (9) In response to the resolutions/recommendations of the Affiliation Committee dated 10.02.2025, the State Government was informed that the institutions of the appellants-petitioners, which are categorized in Group 4 & 5 have not been recommended for affiliation. Consequently, the State Government passed an order dated 17.02.2025 and the University has passed the ancillary order dated 19.02.2025, which are under challenge before the Writ Court. (10) The action of the State Government was challenged by the appellants-petitioners before the Writ Court by filing their respective writ petitions, leading writ petition being Writ - C No. 1952 of 2025, on the ground that after grant of No Objection Certificate by the State Government and the University, the Pharmacy Council of India has granted its approval to the appellants-petitioners’ institutions for the academic session 2024-25, but in a most illegal and arbitrary manner the State Government refused to grant approval for affiliation of the appellants-petitioners in complete derogation State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 13 of 19 of the directions issued by the High Court in its judgments and orders dated 03.01.2025 and 07.02.2025 passed by the Writ Court and the Appellate Court respectively and such an exercise is not only in violation of the Pharmacy Act, 1948 but also against various judgments of the Apex Court and this Court. FINDINGS AND DIRECTIONS OF THE WRIT COURT (11) While allowing the writ petitions, the learned Single Judge was of the opinion that the recommendations of Affiliation Committee as indicated in the judgment rendered by the Writ Court clearly pertain to recommendations dated 06.11.2024 and

30.11.2024. Once the said directions have not been interfered with by the Appellate Court, the only course of action available to the State Government was to have reconsidered the aspect of affiliation of petitioners’ institutions only in terms of reports dated 06.11.2024 and 30.11.2024. (12) Since the action taken by the State Government is not in consonance with the directions rendered by the Writ Court and the Appellate Court, the Writ Court, while allowing the writ petitions of the appellants-petitioners with certain directions, quashed the impugned orders insofar as it relates to the appellants-petitioners. (13) Hence the present Special Appeals have been filed by the State Government. SUBMISSIONS OF THE PARTIES (14) Learned Additional Chief Standing Counsel submitted that in compliance of this Court’s Order dated 07.02.2025 passed in Special Appeal No. 24 of 2025, a meeting was convened by the Affiliation Committee on 10.02.2025, a copy whereof is Annexure - 2 to the writ petition and granted affiliations to the State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 14 of 19 institutions which are covered under category Nos.1, 2 and 3 as per applicable norms. Since the respondents-petitioners did not fulfill the eligibility criteria, the grant of affiliation to the respondents-petitioners was rejected. (15) He has further submitted that it is settled legal proposition that the role of statutory expert, bodies on education and role of Courts are well defined by a simple rule. If it is a question of education policy or an issue involving academic matter, the Courts keep their hands off. (16) On the other hand, learned counsel for the respondents- petitioners submitted that vide judgment and order dated

07.02.2025, this Court directed the State Government to re- consider the matter in terms of the recommendations by the University in the shape of report dated 15.06.2024, but instead of complying with the orders of this Court, the State Government called for fresh recommendations from the University vide letters dated 07.02.2025 and 08.02.2205, as stated above, and thereafter, a meeting was convened on

10.02.2025, and accordingly, the impugned orders were passed. Since the purport of the order was completely misunderstood by the State Government, the writ petitions filed by them were rightly allowed. FINDINGS OF THE APPELLATE COURT (17) We have considered the submissions made by the learned Counsel for the parties and perused the material available on record. (18) Needless to mention that in the earlier round of litigation, while affirming the order passed by the Writ Court in the appellate jurisdiction, this Court had directed the State Government to re- State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 15 of 19 consider the grant of affiliation to the petitioners’ institutions in terms of the perspective plan submitted to it on 15.06.2024. On receipt of the judgment and order dated 07.02.2025, the State Government directed the University to submit its fresh recommendations vide its letters dated 07.02.2025 and

08.02.2025 for placing the same before the Affiliation Committee which was to be convened on 10.02.2025. Accordingly, the meeting was convened on 10.02.2025 and based on the perspective plan, all the institutions applying for grant of recognition were categorized into five groups which are as under:- Category Group - 1 Group - 2 Group - 3 Group - 4 Group - 5 Description Immediate need to Open New Emerging Courses Pharma Studies & Professional Studies Scope to open New Emerging Courses in Pharma Studies & other Professional Studies. Need convert old courses into Multi Disciplinary Courses. Limited Scope. Improvement Measures Needed. Immediate Quality No scope. Need convert old courses into Multi Disciplinary Courses. Immediate Quality improvement measures needed. Immediate Quality improvement measures needed. Need convert old courses into Multi Disciplinary Courses. Scope to open New Emerging Courses. (19) After considering the material placed before it, the Affiliation Committee resolved/recommended for grant of affiliation to the institutions falling under Group - 1, 2 and 3, whereas the same was denied for the institutions falling under Group 4 & 5. The relevant portion of the resolutions passed by the Affiliation Committee on 10.02.2025 is as under:- State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 16 of 19 “ … mijksDr ds n`f"Vxr lEcU++)rk lfefr }kjk lE;d ijh’khyu ds mijkUr ilZisfDVo Iyku ds n`f"Vxr xz`i 1] 2 o 3 esa u;s laLFkku [kksys tkus rFkk xz`i 4 o 5 es ugha [kksys tkus ds lEcU/k esa lgefr dh n’kk esa fopkj fd;k tk ldrk gS A ;g Hkh mYys[kuh; gS fd 'kklukns’k fnukad 05-01-2024 ds dze ess 'kklu Lrj ls ,u0vks0lh0 tkjh fd;s tkus ds mijkUr fo’ofo|ky; }kjk laLFkkvksa dks dalsUV vkQ ,fQfy,’ku fuxZr fd;k x;k gS A 'kklukns’k fnukad 05-01-2024 ds dze esa izdj.k ls vkPNkfnr laLFkkvksa ds lEcU/k esa iwoZ esa lEc)rk lfefr }kjk dh x;h laLrqfr dk laKku ysrs gq, 'kklu Lrj ij fu.kZ; fy;s tkus dh laLrqfr lEc)rk lfefr }kjk dh tkrh gS A” (20) A perusal of the resolutions makes it abundantly clear that in a cursory manner, based on the procedure laid down in the Government Order dated 05.01.2024 for obtaining No Objection Certificate/Consent of affiliation to the institutions, the institutions falling under Group 1, 2 and 3 have been recommended for grant of recognition but the same has been denied to the institutions falling under Group 4 and 5. (21) While analyzing the categories, it struck to us that the institutions falling under Group - 3 have been granted affiliation wherein, it has been mentioned that there is a limited scope and immediate quality improvement measures needed. However, the institutions falling under Group - 5 have been denied permission, wherein it has been stated that immediate quality improvement measures needed. Need to convert old courses into Multi-Disciplinary Courses. Scope to open new emerging courses. Since nothing has been discussed/analyzed regarding the issue by the Affiliation Committee in its meeting held on 10.02.2025, on comparison of Group 3 and 5, it is evident that where there is a limited scope, they have been granted affiliation. However, where there is a scope to open State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others new emerging courses, they have been denied permission for grant of affiliation to them. Page No. 17 of 19 (22) For the reasons stated above, the institutions falling under Group - 5 shall again be considered by the State Government in light of the Perspective Plan submitted to it on 15.06.2024. (23) So far as the institutions falling under Group - 4 are concerned, we are of the opinion that as per Perspective Plan, there is no scope for opening new institutions and therefore, the resolution passed by the Affiliation Committee in respect of the institutions falling under Group - 4 needs no interference. (24) So far as the plea taken by the learned counsel for the respondents-petitioners that the directions issued by the Writ Court and Appellate Court have not been complied with in its letter and spirit, we are of the firm opinion that after calling for fresh reports from the University, the affiliation has been granted to the institutions falling under Group 1, 2 and 3. Since the same benefit has not been extended to the institutions falling under Group 4 and 5, it cannot be said that the State Government undermined the authority of the High Court. CONCLUSION (25) In view of what has been stated above, the directions issued by the Writ Court need modification which are as under:- (a) Special Appeals filed by the State against the institutions falling under Group - 4 districts, namely, Gautam Budh Nagar, Ghaziabad and Lucknow are allowed and the impugned judgment and order dated 10.03.2025 is set aside insofar as Gautam Budh Nagar, Ghaziabad and Lucknow districts are concerned. State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Page No. 18 of 19 (b) Special Appeals filed by the State against the institutions falling under Group - 5 districts, namely, Aligarh, Barabanki, Bareilly, Bijnor, Hapur, Hathras, Jyothibha Phule Nagar, Maharaganj, Mainpuri, Mathura, Meerut, Moradabad, Muzaffarnagar, Philibhit, Prayagraj (Allahabad) are dismissed. (c) The State Government is directed to re-consider the case of the institutions falling under Group ‘5’ strictly in terms of the directions issued by the Writ Court in the impugned judgment and order dated 10.03.2025, within a period of two weeks from today. (26) The following table gives a conspicuous picture in respect of the Special Appeals filed by the State in the instant bunch of Appeals:- Sl. No.

3. Name of the district Special Appeal Bijnor Bareilly Prayagraj Number Result of Special Appeal Dismissed Dismissed Dismissed

4. Gautam Buddha Nagar Allowed

16. Bareilly Barabanki Prayagraj Lucknow Amroha Prayagraj Ghaziabad Bijnor Lucknow Prayagraj Bijnor Ghaziabad

17. Gautam Buddha Nagar State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others Dismissed Dismissed Dismissed Allowed Dismissed Dismissed Allowed Dismissed Allowed Dismissed Dismissed Allowed Allowed Page No. 19 of 19

21. Lucknow Amroha Maharajganj Lucknow Allowed Dismissed Dismissed Allowed (27) The parties shall bear their own costs. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 17.07.2025 lakshman State of U.P. and others v. Islamic Fund Najibabad District Bijnor and others