Article 226 | Mandamus Issued for Timely AICTE NOC Processing to Prevent Prejudice to Institutions and Students : AP HC

In a significant order safeguarding institutional and student interests, the Andhra Pradesh High Court directed the State Government to provisionally permit a private engineering college to participate in the 2026-27 polytechnic admissions counseling for two AICTE-approved diploma courses, pending final decision on its NOC application. The judgment underscores the State’s obligation to act expeditiously on technical education approvals to prevent irreparable prejudice to educational institutions and prospective students.

Background & Facts

The Dispute

The petitioner, A1 Global Institute of Engineering and Technology, represented by its correspondent, sought a writ of mandamus under Article 226 of the Constitution of India to compel the State of Andhra Pradesh to grant No Objection Certificate (NOC) for commencement of two diploma courses: Diploma in Computer Science and Engineering (60 seats) and Diploma in Electronics and Communication Engineering (60 seats) for the academic year 2026-27. Despite securing approval from the All India Council for Technical Education (AICTE) and undergoing inspection by State authorities without deficiencies, the petitioner’s application remained pending, jeopardizing its participation in the admissions counseling scheduled for 24.06.2026.

Key Facts

• 13.12.2025: Petitioner submitted applications to the AICTE and State respondents for commencement of the two diploma courses.
• 15.12.2025: Applications received by the respondents.
• 14.05.2026: AICTE granted approval vide Proceedings F.No. South-Central/1-46228063600/2026/EOA/Corrigendum-1.
• 27.02.2026: State authorities conducted inspection; no deficiencies were noted.
• 24.06.2026: Scheduled date for polytechnic admissions counseling.
• The petitioner’s application for NOC remained pending with the 1st Respondent (State Government) as of the hearing date (23.06.2026).

Procedural History

• Writ Petition No. 16377/2026: Filed under Article 226 seeking mandamus to direct the State to grant NOC and permit participation in counseling.
• IA No. 1 of 2026: Filed under Section 151 CPC seeking interim relief to participate in counseling pending final decision.

Relief Sought

1. Primary Relief: A writ of mandamus declaring the respondents’ inaction as arbitrary, illegal, and violative of Articles 14 and 19(1)(g) of the Constitution, and directing the 1st Respondent to pass orders on the petitioner’s NOC application.
2. Interim Relief: Direction to permit the petitioner to participate in the 2026-27 polytechnic admissions counseling for the AICTE-approved courses.

The Legal Issue

The central question was whether the State Government’s delay in processing the NOC application, despite AICTE approval and satisfactory inspection, warranted judicial intervention under Article 226 to prevent irreparable prejudice to the petitioner and prospective students, particularly when the admissions counseling was imminent.

Arguments Presented

For the Petitioner

• The petitioner’s application for NOC was submitted on 13.12.2025 and received by the respondents on 15.12.2025.
• The AICTE granted approval on 14.05.2026, and the State authorities conducted an inspection on 27.02.2026 without noting any deficiencies.
• The admissions counseling was scheduled for 24.06.2026, leaving no time for the State to process the application.
• Delay in granting NOC would cause severe hardship to the institution and deprive students of educational opportunities.
• The respondents’ inaction was arbitrary, unreasonable, and violative of Articles 14 and 19(1)(g) of the Constitution.

For the Respondents

• The Assistant Government Pleader informed the Court that the petitioner’s proposal was pending with the Government and that orders would be issued in accordance with law and relevant guidelines.
• No substantive opposition was raised to the petitioner’s contentions regarding the urgency of the matter.

The Court's Analysis

The Court observed the following key points:

1. AICTE Approval: The petitioner had secured approval from the AICTE, the apex regulatory body for technical education, for the commencement of the two diploma courses.
2. State Inspection: The State authorities had conducted an inspection on 27.02.2026 and did not find any deficiencies, indicating compliance with regulatory requirements.
3. Urgency: The admissions counseling was scheduled for 24.06.2026, and any further delay in processing the NOC application would prejudice the petitioner and prospective students.
4. Judicial Intervention: While the Court refrained from directing the State to grant the NOC outright, it deemed it appropriate to permit provisional participation in the counseling process to safeguard the interests of the institution and students.

"Having regard to the same, as the AICTE has granted approval for commencement of the subject courses (new) and as the respondents herein have already conducted inspection and verification and did not find any shortcoming, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.1 to pass appropriate orders on the application filed by the petitioner seeking permission for commencement of new courses."

The Court balanced the State’s administrative discretion with the urgency of the matter, ensuring that the petitioner’s rights under Article 19(1)(g) (right to carry on any occupation, trade, or business) were not unduly prejudiced.

The Verdict

The Court disposed of the writ petition with the following directions:

1. The 1st Respondent (State Government) was directed to pass appropriate orders on the petitioner’s NOC application expeditiously.
2. Pending final decision, the respondents were directed to permit the petitioner to participate in the polytechnic admissions counseling scheduled for 24.06.2026 for the two AICTE-approved courses:
   • Diploma in Computer Science and Engineering (60 seats)
   • Diploma in Electronics and Communication Engineering (60 seats)
3. The intake of students for the said courses would be subject to the final orders passed by the 1st Respondent on the NOC application.
4. No order as to costs was passed.
5. All pending miscellaneous applications were closed.

What This Means For Similar Cases

Expeditious Disposal of NOC Applications

• Educational institutions seeking NOC for new courses must ensure timely submission of applications to regulatory bodies like AICTE and State authorities.
• State Governments are now on notice that undue delay in processing NOC applications, particularly when AICTE approval is already secured, may invite judicial intervention under Article 226.
• Institutions can seek interim relief to participate in admissions counseling pending final decision on NOC applications, especially when the counseling schedule is imminent.

Judicial Balancing of Administrative Discretion and Rights

• The judgment reaffirms that administrative discretion must be exercised within a reasonable timeframe, failing which courts may intervene to prevent irreparable prejudice.
• Article 19(1)(g) rights of educational institutions are not absolute but must be balanced with regulatory oversight. However, unreasonable delay by authorities can be challenged as arbitrary and violative of Article 14.
• Provisional relief may be granted to safeguard institutional and student interests, even if the final decision on the NOC application is reserved for the State.

Practical Takeaways for Institutions and Legal Practitioners

• Document Compliance: Ensure all regulatory requirements (AICTE approval, inspections, etc.) are met and documented to strengthen claims for NOC.
• Urgency in Litigation: File writ petitions well in advance of critical deadlines (e.g., admissions counseling) to allow courts sufficient time to intervene.
• Interim Relief Strategy: Seek provisional participation in admissions processes as an interim measure when final approvals are pending.
• State Accountability: Highlight unreasonable delay and lack of deficiencies in inspections to argue for judicial direction for expeditious disposal.