$~ J-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on: 01.11.2025 + W.P.(C) 12392/2025 & CM APPL. 50558/2025 SHAKUNTLA HEALTH EDUCATION FOUNDATION ...Petitioner Through: Mr. Kirtiman Singh, Sr. Adv. with Mr. Gaurav Nair, Ms. Vara Gaur and Ms. Veera Mathai, Advs. versus GURU GOBIND SINGH INDRAPRAPRASTHA UNIVERSITY & ORS. .....Respondents Through: Ms. Anita Sahani, Adv. for R-1. Ms. Mrinalini Sen, Standing Counsel with Ms. Aditi, Adv. for R-2/DDA. Mr. M.S. Oberoi, Standing Counsel for R-3/MCD. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J 1. The present petition has been filed seeking following reliefs: “a) Issue an appropriate writ/order/direction inter alia against the Respondent No. 1 quashing its letter dated 05.08.2025 wherein under the Petitioners application for grant of provisional affiliation has been rejected; and/or b) Issue an appropriate writ/order/direction against the Respondent No. 1, directing the Respondent No.1 to grant provisional affiliation to the Petitioner’s College for the Academic Year 2025-2026, in view of the Petitioner having satisfied all statutory, infrastructural, and regulatory requirements prescribed under the applicable norms and the certificates issued by the Delhi Nursing Council dated 21.02.2025, Indian Nursing Council dated 19.06.2025, and Department of Health & Family Welfare, GNCTD; and c) Allow the Petitioner to participate in the ongoing counselling process for enrolment of new students for the Academic Year 2025-2026.” 2. The case of petitioner is that vide impugned order dated 05.08.2025, the respondent no.1/University has refused to recommend Joint Assessment Committee (hereinafter referred to as ‘JAC’) inspection in respect of petitioner college for Academic Year 2025-26 on the ground that compliance pertaining to the change of land use has not been fulfilled by the petitioner college for the last two academic sessions. 3. The petitioner is an existing college namely, Shakuntala School and College of Nursing (hereinafter ‘college’), and had been conducting B.Sc. (Nursing), General Nursing and Midwifery (‘GNM’) and Auxiliary Nursing and Midwifery (‘ANM’) Courses. The college campus is undisputedly constructed on an agricultural land and located at khasra No.86/21-22, Village Jaunti, Jaunti Garhi Road, New Delhi-110081. 4. It is stated that the petitioner college was given the No Objection Certificate (herein after referred to as “NOC”) for B.Sc Nursing programme with an intake capacity of 60 students by the Government of NCT of Delhi (Health and Family Welfare Department) vide letter dated 27.09.2021. 5. Mr. Kirtiman Singh, learned Senior Counsel appearing on behalf of petitioner college submits that petitioner college had applied to the Government of NCT of Delhi for issuance of a fresh NOC for the Academic Year 2023-24 and a response was received from the Government vide letter dated 03.07.2023, which clarifies that the petitioner college is not required to take NOC every year. A copy of the said response was handed over across the Bar during the course of arguments, the same is taken on record. 6. Referring to the said letter dated 03.07.2023, Mr. Singh elaborates that the Government has clarified that NOC to petitioner college already stands issued for running of courses mentioned therein with annual intake of 60 students vide letter dated 18.07.2022. He submits that the said letter further clarifies that as per the Delhi Nursing Council Act, 1997, a fresh NOC from the State Government is only required if an institute is applying for increase of seats or applying for starting any new course. 7. He, therefore, contends that the earlier NOC which was granted by the Government vide letter dated 18.07.2022 is to be construed as NOC for the current Academic Year (i.e. 2025-26) as well. 8. He submits that the Indian Nursing Council had issued a letter dated 19.06.2025 renewing the suitability of petitioner college for the Academic Year 2025-26 for the annual intake of 50 students. Likewise, Delhi Nursing Council has also issued a validity certificate to petitioner college for the Academic Year 2025-26 permitting the petitioner college to admit 50 students in B.Sc. (Nursing) Programme. To buttress his contention, Mr. Singh has drawn attention of the Court to the aforesaid letters of Indian Nursing Council, as well as, Delhi Nursing Council. 9. Mr. Singh has brought Court’s attention to the No. DHE 4(60)/Policy/GGSIPU/2014-15/5890-5904 dated: 12.01.2016 (hereinafter referred to as “policy of 2016” ) specifically to para 4.3 thereof, as amended by amendment dated 03.02.2017 to submit that the Government vide its policy has granted permission to run educational institution on agricultural land, subject to the conditions that – (i) the revalidation of NOC for the courses running in Institutes located on Agriculture Land, School Building and Rented Premises will be given on annual basis only; (ii) no new construction would be taken up; and (iii) no new course and intake will be allowed. He thus, contends that there is no complete bar on establishing a college on Agriculture Land. 10. He submits that on the basis of the documents which were furnished by the petitioner college, the respondent university had to constitute a JAC to make assessment for grant of affiliation. However, no such JAC was constituted. Subsequently, vide impugned order dated 05.08.2025, the university finally refused to constitute a JAC for the purpose of making an inspection of petitioner’s college. 11. He submits that this Court vide order dated 19.08.2025 had directed the respondent university to constitute a JAC and ensure that inspection of petitioner’s institute is conducted for Academic Year 2025-26, during the pendency of the present petition. 12. He submits that in deference of the said directions, the respondent university constituted a JAC which conducted the inspection and submitted its report dated 25.08.2025. Referring to the said report of JAC, Mr. Singh submits that a perusal of the said report shows that the JAC has made an assessment for affiliation of petitioner college on the basis of intake of 60 students though the petitioner had applied for affiliation with an intake of 50 students only. 13. He submits that since assessment of infrastructure etc. has been made on the basis of higher number of students, percentage of marks which have been allotted to the petitioner college assuming the intake as 60 students, have gone down and the petitioner has marginally missed the cut-off percentage. He submits that, had the assessment been made by JAC with an intake of 50 students, the petitioner would have qualified for affiliation. 14. He submits that JAC constituted by respondent no.1/University in the previous academic years had made similar assessments on the basis of intake of 50 students and accordingly, petitioner had qualified in the assessment with more than requisite percentage. 15. Elaborating on his submission, he submits that for the Academic Year 2022-23, JAC had given 58% to petitioner college for Academic Standards and Infrastructure. Likewise, in the Academic Years 2023-24 and 2024-25, JAC gave 53.6% and 64%, respectively, under the same head. He submits that infrastructure remains the same, therefore, there was no reason that petitioner should have been awarded lesser percentage for the academic year 2025-26 for ‘Academic Standards and Infrastructure’. The contents of chart tabulating percentage under different parameters for various academic years, as handed over by Mr. Singh across the bar, are reproduced below: Parameter JAC 2022-23 JAC 2023-24 JAC 2024-25 JAC 2025-26 PART I Physical Infrastructure JAC does not provide for marks to be allotted JAC does not provide for marks to be allotted JAC does not provide for marks to be allotted JAC does not provide for marks to be allotted PART II Academic Standards & Infrastructure 58% 53.6% 64% 49.30% PART III Status of compliance with the terms and conditions of Academic Audit and previous years affiliation order Not applicable as the Academic Year 2022-23 was the first year for the College. 60% 60% 49.5% Category Allotted (Passing Marks in Part II & III must be 50%) Category C Category C Category C Category D 16. He contends that since NOC and other permissions from the statutory bodies are already in place, the respondent university only has to give its affiliation, and it cannot examine as to whether the college is on agriculture land or not. 17. Per contra, Ms. Anita Sahani, learned counsel appearing on behalf of respondent university submits that the petitioner college is on the ‘agricultural land’ and that JAC was not constituted for academic year 2025-26 as petitioner college had failed to comply with the condition of change of land use, subject to which the earlier affiliations were granted. 18. She submits that the ‘agricultural land’ can only be used for agricultural purposes in terms of Section 81 of the Delhi Land Reforms Act, 1954. The use of land on which petitioner college is situated is agriculture and is thus, not for running the college. She further contends that no government or authority can grant permission to establish and run an institution from agricultural land. 19. She submits that initially for the academic year 2022-2023 as well, the request for affiliation by petitioner college was rejected, and it was only on the request of petitioner college that re-inspection was conducted and it was granted affiliation subject to the change of land use before the commencement of academic session 2023-24. 20. She invites attention of the Court to the remarks/observations in the JAC reports for the academic years 2023-24 and 2024-25, to contend that JAC had also pointed out certain other deficiencies in addition to change in land use, such as, the JAC report 2023-24 in its remarks, highlights that lifts are not installed, the college does not have hostel within the campus. Likewise, in the JAC report 2024-25, it is highlighted that the lab needs to be upgraded and faculty training is required for improvement of their skills. She submits all these deficiencies needs to be rectified. 21. She further contends that there are documents on record which suggest that petitioner college has been making an endeavour to get the land use changed, such as letter dated 20.02.2024 written to the Lt. Governor for change of land use (annexure P-13), which shows that the petitioner college is well aware that no institution is permitted to establish college on the agricultural land. 22. In respect of the Policy of 2016, as amended, she submits that the said Para 4.3 of the said policy of 2016 as relied upon by the petitioner college clearly states that the revalidation of NOC for institutes located on agricultural land is given on annual basis only. 23. Lastly, she submits that Delhi Government Higher Education Department (hereinafter, also referred to as “DHE”) is a necessary party and the said department could have answered in clear terms as regards the legal impediment in giving NOC for a college that is located on an agriculture land. She submits that the petitioner has deliberately not made the said department as a party. 24. In rejoinder, Mr. Singh submits that the submission of Ms. Sahani regarding DHE as a necessary party is an attempt to shift the responsibility, as the respondent no.1 is obliged to follow the policy of 2016, which is also referred by the respondent no. 1 in its own notice dated 09.10.2024 and also in the JAC reports. He submits that respondent no.1’s submission that initially they had rejected affiliation to the petitioner college is misleading as JAC had not rejected the same but had granted time to upgrade certain facilities, and on due compliance of the same, affiliation was granted to the petitioner college. 25. He submits that respondent no.1 claims that the land of petitioner college falls in non-conforming area is not proved as JAC reports from 2022-2024 onwards shows that JACs have consistently recorded that the land is in a conforming area. 26. He further submits that in view of the letter dated 03.07.2025 of Health and Family Welfare Department of GNCTD, no annual NOC is required until course is changed or there is increase in intake. 27. He submits that JAC report 2025-26 suffers from material defects as for qualifying JAC, minimum 50% is required in all the three parts/ parameters, whereas the petitioner college has been deliberately awarded 49.30% in Part-II and 49.50% in Part-III, in the JAC report 2025-2026, while on various aspects marks have been deducted without any reason. 28. Mr. Singh submits that petitioner college has made a detailed comparison of parameters assessed in JAC reports previously in AY 2024-2025 and for the current AY 2025-2026, and such comparison reveals that assessment of petitioner college for intake of 60 students instead of 50 has made a huge difference in marking scheme as per the JAC report. Furthermore, there are categories in the report where marks were deducted by respondent no.1 without any reasonable justification. To support his contention, he has invited attention of the Court to the following parameters which were assessed by the JAC in its report: i. Number of computers required: In the year 2024-2025, petitioner was allotted 20 marks under this parameter as the assessment was based on intake of 50 students. For the year 2025-2026 as the intake was considered for 60 students the marks given to the petitioner college was only 10. ii. Number of magazines/newspapers: In the year 2024-2025, petitioner was allotted 15 marks under this parameter, but for this year 2025-2026, petitioner was allotted zero marks without any justification, although full compliance was there from the side of petitioner college. iii. Size of Lab as per norms of statutory body: In the year 2024-2025, petitioner was allotted 20 marks under this parameter, but for this year 2025-2026, petitioner was allotted 10 marks without any justification, although the space and size requirements are the same. iv. Total number of journal: In the year 2024-2025, petitioner was allotted 25 marks under this parameter, but for this year 2025-2026, petitioner was allotted 10 marks, whereas as per the requirement, the petitioner college was required to subscribe three nursing journals, and in compliance petitioner college has subscribed to six journals. No justification for this was given by the respondent. v. Separate common rooms for boys and girls with washroom facility: In the year 2024-2025, petitioner was allotted 10 marks under this parameter, but for this year 2025-2026, petitioner was allotted zero marks, whereas the common rooms are available as part of the infrastructure of the college from its commencement and no changes have been made. Hence, there is no justification on part of the respondent for not awarding any marks under the said head. 29. He submits that the respondent university in its additional affidavit has stated that petitioner institute’s application for affiliation clearly shows that petitioner had applied for an intake of 60 seats, and for that reason only petitioner college was considered for 60 seats in the JAC report, which assertion is contrary to the record. 30. I have heard Mr. Kirtiman Singh, learned Senior Counsel appearing on behalf of petitioner as well as Ms. Anita Sahani, learned counsel appearing on behalf of respondent no.1/University. 31. The college is an existing college offering courses in B.Sc. (Nursing), General Nursing, Midwifery (‘GNM’) and Auxiliary Nursing and Midwifery (‘ANM’). The college was initially run and managed by a private limited company, namely S.S. Health Private Limited (hereinafter ‘company’). Earlier, the company was running a school of nursing in Raghu Nagar. Subsequently, a new building for the college was constructed by the company on a land comprised in khasra no. 86/21/22, village Jaunti, Jaunti Garhi Road, New Delhi, which is undisputedly an agriculture land. 32. The Health and Family Welfare Department, Government of NCT of Delhi, vide communication dated 27.09.2021 had granted NOC/Essential Certificate for GNM and ANM Courses with increased seats from 20 to 60 each, and for starting of new B.Sc. (Nursing) course with intake of 60 students, in the name of Shakuntla College of Nursing under the company i.e. M/s S.S. Health Education Pvt. Ltd. The NOC so granted was valid only for the academic session 2021-22, and it specifically provided as under: “the institute shall function in a legal land authorized building and there should not be any violation of rule and regulation prescribed under the law”. 33. It is not clear from the record as to whether the respondent university had granted affiliation to the petitioner for the academic session 2021-22, nor it is relevant for the present case. However, the Health and Family Welfare Department, GNCTD again issued NOC dated 18.07.2022 to the Shakuntla College of Nursing for B.Sc. (Nursing) Program with intake capacity of 60 students for the academic session 2022-23. Pertinently, the said NOC was also valid only for the academic session 2022-23. 34. The respondent university had also constituted a Joint Assessment Committee (JAC) for the academic session 2022-23, and carried out inspection of the college. The JAC recommended the affiliation of the college in the category of “Provisional Affiliation for the Academic Year 2022-23”. Incidentally, the JAC in its report made following pertinent observations in the column meant for remarks/observations: “2. Land as changed of the land from ‘agriculture’ to institutional is still pending with DM. The college is directed to get the land changed done before the commencement for the academic session 2023-24…” 35. Accordingly, the respondent university vide its letter dated 16.12.2022 stated that the university has no objection for participating of the institute in the counseling/ admission process for AS 2022-23 through MCC. 36. It appears that the company which had established college had applied for the NOC for the academic session 2023-24 to the Health and Family Welfare Department, GNCTD, but the company was informed by the said Department vide its communication dated 03.07.2023 that the NOC has already issued and a fresh NOC from the State Government is only required, if institute is applying for seat increase or applying for starting any new course. The letter dated 03.07.2023 is reproduced hereinbelow for ready reference: “GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI HEALTH AND FAMLY WELFARE DEPARTMENT LEVEL 9, WING-‘A’, DELHI SECRETARIAT IP ESTATE, NEW DELHI-110002 File No. F5(1)/56/M.E/H&FW/2021/834 Dated 03/7/23 To The Director, S.S. Health Education Pvt. Ltd. Jaunti Garhi Road, Jaunti, New Delhi – 110081. Sub:- Regarding issuance of fresh NOC/EC for GNM, ANM and B.Sc Nursing with annual intake of 60 students in the name of Shakuntla college of Nursing under M/s S.S. Health Education Pvt. Ltd. in Jaunti Garhi Road, Jaunti, New Delhi-110081 for session 2023-24. Sir/Madam, Please refer to your letter no. SSON/HR/2023/302 dated 19.03.2025 on the subject cited above. In this context this is to inform you that department has already issued NOC to your institute for running the courses with sixty students annual intake vide letter no. F5(1)/56/M.E/H&FW/2022/1846-50 dated 18.07.2022 and as per Delhi Nursing Council Act, 1997, fresh NOC from State Government is only required if institute is applying for seat increase or applying for starting any new course. (S. SUNIL) DY. SECY. (MED. EDU.)” (emphasis supplied) 37. It appears that based on the above quoted letter dated 03.07.2023, the NOC dated 18.07.2022 granted by the Health and Family Welfare Department, GNCTD, was treated as NOC for the academic session 2023-24, and no separate NOC was insisted upon by the respondent university. Accordingly, the affiliation seems to have been granted to the college for the academic session 2023-24. 38. It is also not the case of the parties that any separate NOC was granted by the Health and Family Welfare Department, GNCTD for the academic year 2024-25. Seemingly, the NOC dated 18.07.2022 was treated as NOC for the academic session 2024-25 as well, and based on the same the respondent university appears to have granted affiliation to the college for the academic session 2024-25. Notably, in the report of JAC for the academic year 2024-25, it was observed that “the land use change is still pending.” 39. In the present petition, the petitioner assails the impugned letter dated 05.08.2025 of the respondent university whereby the petitioner was conveyed that the matter was placed before the Scrutiny Committee of the university, and it has not recommended the Joint Assessment Committee (JAC) inspection of the college for the academic year 2025-26, as the compliance pertaining to the change in land use has not been fulfilled till date. The relevant extract of the said letter reads thus: No. F.3(2)(1)/2024/ Affl/8531 Dated: 05/08/2025 To The Director/ Principal Shakuntala School & College of Nursing, Village Jaunti-Garhi, Randhla Road Outer Delhi 110081 Sub: - Non-recommendation of JAC Inspection for Academic Year 2025-26. Sir/ Madam, With reference to your letter no. SSON/HR/2025/ 651 dated 22.07.2025, wherein it was informed that the concerned authorities have conveyed that necessary action regarding the change in land use status cannot be undertaken until the implementation of the Green Development Area Master Plan - 2041. The matter was placed before the Scrutiny Committee. After due consideration, the Committee has not recommended the Joint Assessment Committee (JAC) inspection of your institute for the Academic Year 2025-26, as the compliance pertaining to the change in land use has not been fulfilled till date. Accordingly, it is hereby informed that the JAC inspection of your institute has not been recommended by the Scrutiny Committee in view of the pending compliance regarding land use change. Yours Faithfully, (Dr. Abha Vermani) Deputy Registrar (Affiliation) [emphasis supplied] 40. The pertinent question which thus, arises for the consideration of this Court is whether the respondent university could have refused Joint Assessment Committee (JAC) inspection, which consequently led to denial of affiliation, on the ground that the compliance pertaining to the change in land use has not been fulfilled. 41. The submission of Mr. Kirtiman Singh, as noted above, is that para 4.3 of the policy of 2016, as amended, permits running of institutes located on agricultural land, and re-validation of NOC for such institutes is subject to certain conditions mentioned therein, therefore, the respondent university was not right in refusing JAC inspection on the ground that the compliance pertaining to the land use change is not fulfilled. Furthermore, he has contended that in view of the letter dated 03.07.2023 issued by the Health and Family Welfare, GNCTD, a fresh NOC from the State Government is only required, if institute is applying for seat increase or applying for starting any new courses, which is not the situation in present case. 42. In sum and substance, the submission of Mr. Singh is that once the GNCTD has clarified vide its letter dated 03.07.2023 that the petitioner college is not required to take NOC every year, the NOC granted vide letter dated 18.07.2022 is to be construed as NOC for the academic year 2025-26 as well. Thus, the NOC of the State Government being available, the respondent university cannot refuse the JAC inspection, as well as, affiliation on the ground that the compliance pertaining to the change in land use has not been fulfilled. 43. To appreciate the contention of Mr. Singh, it is relevant to advert to the Notice dated 09.10.2024 issued by the respondent university whereby the university invited applications for consideration of Grant of Affiliation to new/existing institutes for the academic year 2025-26. The said Notice specifically states that Grant of Affiliation by the university is co-terminus with grant of NOC by the Govt. of NCT of Delhi subject to policy guidelines to be received from the Directorate of Higher Education, Govt. of NCT of Delhi. The relevant clause of the said Notice reads thus: “The University hereby invites application for consideration of Grant of Affiliation to new/ existing Institutions for the Academic Year 2025-2026 (which is co-terminus with Grant of NOC by the Govt. of NCT of Delhi / concerned State Govt.) subject to Policy Guidelines to be received from DHE Govt. of NCT of Delhi.” 44. The addendum to the Notice refers to the relevant policy guidelines dated 12.01.2016 amendments dated 03.02.2017 and 10.06.2021 of the Directorate of Higher Education, GNCTD. The relevant paragraphs from the addendum to the said notice dated 09.10.2024 reads thus: “2. The Policy Guidelines dated 12.01.2016, amendments dated 03.02.2017 & 10.06.2021 and letter no.DHE.4(60)/ Policy/GGSIPU/ 2019-20/Pt.file/233-246 dated 01.05.2024 of Govt. of NCT of Delhi, Directorate of Higher Education may be referred to, for issue/revalidation of "No Objection Certificate and Other related Matters" (copy appended as Annexure-1). However, without prejudice to the proviso contained in any of these guidelines, any new guidelines issued by the Govt. and so adopted by the University mutatis mutandis at any time during the period of their validity, shall be applicable for the Academic Year 2025-26.” (emphasis supplied) 45. Indubitably, the issuance of NOC to the new/existing institutes affiliated to the respondent university is governed by the policy of 2016 as amended from time to time. To be noted, the original guidelines were issued by the Directorate of Higher Education (DHE), GNCTD vide its letter dated 12.01.2016, which was amended vide amendment letters dated 03.02.2017 and 10.06.2021. The last amendment dated 10.06.2021 is not relevant to the controversy involved in the present case. 46. The excerpts from the policy guidelines dated 12.01.2016, which are relevant are reproduced hereinbelow for ready reference: Policy guidelines dated 12.01.2016 GOVT. OF NCT OF DELHI DIRECTORATE OF HIGHER EDUCATION B’WING, 2ND FLOOR, 5-SHAM NATH MARG, DELHI – 54 No. DHE-4(60)/Policy/GGSIPU/2014-15/5890-5904 Dated: 12/01/2016 To The Registrar, Guru Govind Singh Indraprastha University, Sector-16C, Dwarka, New Delhi – 110078 SUB: Policy Guidelines for the issue of NOC to the new/existing institutions situated in conforming/non-conforming areas and allied matters related to self-financed institutions affiliated to GGSIP University for the year 2016-17 & onward. Sir, The Society/Institute should directly apply to the Registrar, Guru Gobind Singh Indrasprastha University for revalidation/issue of NOC as per guidelines. NOC shall be considered /granted only to those new institutes which are located in conforming area as per MPD 2021. 1. Eligibility criteria for Affiliation. 1.1 The Government may permit new institutions to be set up in permanent building/complex only in conforming areas subject to the condition that they shall satisfy the following requirements, or the requirements in respect of any of them prescribed by any concerned Statutory body/regulatory body:….. xxx xxx xxx 1.2 Institutes located in non-conforming areas like Lai Dora and Extended Lal Dora will be allowed for annual renewal from their existing locations till notification of MPD 2021 subject to the condition that they are under consideration of DDA for regularization in MPD 2021. Thereafter, their continuation will be subject to the provisions of MPD 2021. Institutes functioning from agricultural land, rented premises and school building will be given annual renewal as per policy. However, till that time no addition and alteration shall be allowed in the existing infrastructure in institutes located in non-conforming areas and on agricultural land etc. as on date which is annexed as per the annexure-I (as per academic year 2014-15). Approval for this policy will separately be taken by the Department from the Govt. xxx xxx xxx 3. Eligibility criteria for Long Term NOC 3.1 The Government may revalidate NOC granted to institutions affiliated to the GGSIP University for up to a period of five years, for a particular course, subject to the following conditions:- i) The institution should be running in conforming area and in a permanent campus of its own. ii) No penal action for last five years has been initiated against the Institute, no fine imposed by the AICTE/concerned statutory body, DHE, DTTE, GGSIP University or any other Govt. Department. iii) The institution should be successfully running academic programme(s) approved by the GGSIP University for at least a period of three years. iv) The Institution has secured 'A' Category in the inspection report of JAC during the last three preceding years. v) Academic Audit will continue to be done every year by the University even for courses for which NOC has been granted for more than one year. vi) After the expiry of five years, further revalidation of NOC on long term will be made on the basis of the preceding two years Academic Audit Report conducted by the University and subject to securing Category 'A' by JAC committee for the current academic year. vii) The Institute shall have built up area available for the entire duration of course. 3.2 The Government may revalidate NOC granted to institutions affiliated to the GGSIP University for up to a period of three years, for a particular course, subject to the following conditions:- i) The institutions should be running in conforming area and in a permanent campus of its own. ii) No penal action for last five years has been initiated against the Institute, no fine imposed by the AICTE/concerned statutory body, DHE, DTTE, GGSIP University or any other Govt. Department. iii) The institution should be successfully running academic programme (s) approved by the GGSIP University for at least a period of three years. (iv) The Institution has secured minimum of 'B' Grade in the inspection report of JAC during the last three preceding years. (v) Academic Audit will continue to be done annually by the University Even for Courses for which NOC has been granted for more than one year. (vi) After the expiry of three years, further revalidation of NOC on long term will be made on the basis of the preceding two years Academic Audit Report conducted by the University and subject to securing Category 'B' by JAC committee for the current academic year. (vii) The Institute shall have built up area available for the entire duration of course. xxx xxx xxx 4. Revalidation of NOC and allied matters xxx xxx xxx Revalidation of NOC in Non-Conforming area 4.2 The revalidation of NOC for the courses running in Institutes located in non-conforming areas like Lal Dora/Extended Lal Dora will be given on annual basis till notification of MPD 2021 subject to the condition that they are under consideration of DDA for regularization in MPD 2021. However, till that time no addition and alteration shall be allowed in the existing infrastructure as on date which is annexed as per the annexure-I (as per academic year 2014-15). Addition to new courses, additional intake will be allowed within the existing infrastructure only on the recommendation of JAC. Space norms will be applicable as mentioned in section 1.1 (iii) (a) and 1.1 (iii) (d). This will further be subject to the condition that the Institutions would procure a communication from DDA clarifying that the institute is located either in the conforming area or area proposed for inclusion as institutional land or area proposed for regularization as per policy of DDA. Further documentary proof of legal possession of the premises will be provided. 4.3 The revalidation of NOC for the courses running in Institutes located in Agriculture Land, School Building and Rented Premises will be given on annual basis only. No addition and alteration shall be allowed in the existing infrastructure as on date which is annexed as per the annexure-I (as per academic year 2014-15) xxx xxx xxx 15. Issuance of LOI University will not issue LOI to any Institute for any programme without conducting the physical inspection of the institute for available of infrastructure. 16. Constitution of JAC. JAC may include the following: a. Chairman (IAS (Retd.)/Working or Senior DANICS (Retd.)/working b. Subject Expert (2) depending upon the number of programme intend/running in the Institute from Central/State Universities and Govt. established Institutions of repute in Higher Education etc. c. Executive Engineer preferably from PWD from concerned area, wherever required. d. Convener from GGSIP University. 17. JAC Report JAC report in the prescribed proforma along with sanctioned building plan of the building, statutory clearances and safety certificates may be sent to the DHE within 3 days of its receipt. 18. Time schedule Receiving of Applications for affiliation. Preferably December onwards for the ensuing Academic Year. Start of JAC visits …February onwards. Forwarding of JAC report to Govt. …Simultaneously with conduct of JAC. Issue of NOC by the Govt …Preferably within ten days of the receipt of each JAC report Finalization of intake by University …by May end. Start of Academic Session …1st August. Note: No applications for new colleges/new courses or for additional intake in existing courses shall be entertained beyond the stipulated date as notified by the University for submission of application for provisional/revalidation/long term affiliation and in any case shall not be considered beyond the month of February. The application coming after that date should be considered in the next/Academic year. xxx xxx xxx These Policy Guidelines may be brought to the notice of all affiliated Institutions / concerned. (emphasis supplied) 47. The relevant Clause 4.3 of policy guidelines dated 12.01.2016 which was amended vide amendment dated 03.02.2017 reads as under: “c. Clause 4.3 should be read as: “The revalidation of NOC for the courses running in Institutes located in Agriculture Land, School Building and Rented Premises will be given on annual basis only. No addition and alteration shall be allowed in the existing infrastructure as on date which is annexed as per Annexure-I (as per academic year 2015-16). NOC will be subject to the conditions that no new construction would be taken up. They will be allowed to continue only the existing courses. No new course and intake will be allowed.” (emphasis supplied) 48. The reading of policy guidelines for the issuance of NOC dated 12.01.2016 as amended vide amendment dated 03.02.2017, clearly brings out that for the institution running in conforming area and in a permanent campus of its own, the Government may revalidate NOC granted to institutions affiliated to the respondent University for up to a period of five or three, as the case may be, in terms of clauses 3.1 and 3.2, respectively, subject to the conditions mentioned therein. However, issuance or revalidation of NOC for the courses being run in the institutions located in non-conforming areas as well as in agricultural land is given on Annual Basis only. Furthermore, NOC for the courses running in the institutes located on agriculture land will be subject to the following conditions viz., (i) no new construction would be taken up; (ii) the institutes will be allowed to continue only the existing courses; and (iii) no new courses and intake will be allowed. 49. The opening part of the policy guidelines dated 12.01.2016 also makes it clear that the concerned institute/college will have to apply directly to the Registrar of respondent university for revalidation/issuance of NOC as per the policy guidelines. Clauses 17 & 18 spells out that the report of JAC is to be sent to the Directorate of Higher Education (DHE) within three days of its receipt, and the NOC is to be issued by the Government preferably within 10 days of the receipt of such JAC report. 50. The sequence is thus, evident. The concerned institute will apply to the respondent university for issuance/revalidation of NOC. The university will then recommend the inspection by JAC. The report furnished by JAC will thereafter be sent to the DHE, based on which the State Government will either issue/revalidate the NOC or refuse the same. This exercise has to be repeated every year in case of revalidation of NOC for the courses running in institutes located in non-conforming area, agriculture land, school building and rented premises. The whole idea for issuing/revalidating NOC on annual basis as against issuance/revalidation of NOC for a long term, in case of an institute in non-conforming area/Agriculture Land/School Building and Rented Premises, is to ensure that the institute should at the earliest be located in the conforming area having permanent campus of its own. 51. The submission of Ms. Sahani that no college could be located on an agriculture land in view of the provisions of Section 81 of the Delhi Land Reforms Act, 1954, need not be adverted to by this Court, as the NOC has to be issued or re-validated by the State Government in terms of its policy guidelines dated 12.01.2016, as amended, after due consideration of various factors, such as, whether the institute is running in conforming area and in permanent campus of its own; non-confirming area like Lal Dora/Extended Lal which are under consideration of DDA for regularization in MPD 2021; or in agricultural land/school building/rented premises, and other relevant laws. 52. Mr. Singh’s submission that once the GNCTD has clarified vide its letter dated 03.07.2023 that the petitioner college is not required to take NOC every year, therefore, the NOC granted vide letter dated 18.07.2022 is to be construed as NOC for the academic year 2025-2026 as well, is devoid of merit. The reason being that as per the policy of 2016, NOC in case of institutes located on agriculture land, has to be issued/revalidated on annual basis and there is no provision for the issuance/revalidation of NOC for long term. Furthermore, in the said letter there is no reference to the policy of 2016, as amended, nor it takes into account the fact that the institute of the petitioner is located on agriculture land. Therefore, the petitioner cannot take advantage of the said letter. 53. However, it is to be noted that during pendency of the present petition, this Court vide its letter dated 19.08.2025 had directed the respondent university to constitute JAC and ensure that inspection of petitioner/college is conducted for the academic year 2025-2026. Accordingly, the university had constituted JAC which conducted the inspection and submitted its report dated 25.08.2025. The said report was taken on record. 54. After having perused the said JAC report, as well as the application form (Annexure P-21) this Court finds merit in the submission of Mr. Singh that though petitioner had applied for affiliation with an intake of 50 students only, JAC had made an assessment of infrastructure etc. for the purpose of affiliation of petitioner/college assuming the intake as 60 students, which has led to incorrect assessment and award of lesser percentage of marks under various heads, though for the previous years in respect of the same infrastructure, the petitioner was awarded marks over and above the requisite benchmark. In that view of the matter, the JAC’s report dated 25.08.2025 has been rendered untenable. 55. There is also substance in the submission of Mr. Singh, as noted in para 28, that there is no justification on part of JAC to award lesser marks or no marks at all for certain parameters related to infrastructure which had not undergone any change since NOC was first issued. 56. Further, it is not in dispute that the petitioner has all requisite permissions from other concerned authorities like Delhi Nursing Council and Indian Nursing Council. 57. In light of the above discussion, the present petition is allowed and following directions are passed: (i) the respondent university is directed to obtain fresh report of the JAC on the basis of intake of 50 students, bearing in mind the observations made herein above, within period of three days, and the said report may simultaneously be forwarded to the Directorate of Higher Education, as well as, Health and Family Welfare Department of the GNCTD; (ii) the GNCTD, on receipt of JAC report, shall take decision on the issuance of NOC within a period of three days, in light of the policy of 2016, as amended; (iii) in the event NOC is issued by the State Government (GNCTD), the respondent university shall forthwith grant affiliation to petitioner for the academic session 2025-2026, and allow the petitioner to participate in the ongoing counselling. 58. The petition, along with pending application, is disposed of in the above terms. VIKAS MAHAJAN, J NOVEMBER 1, 2025 aj /jg/dss W.P.(C) 12392/2025 Page 1 of 25