IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14229 of 2010 Date of Decision: 27.09.2010 Kalyan Society (Registered) ........Petitioner Versus State of Haryana .......Respondent CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Amar Vivek, Advocate for the petitioner. Mr. R.D.Sharma, Deputy Advocate General, Haryana. ****** PERMOD KOHLI, J. (ORAL) Petitioner is aggrieved of the order dated 21.04.2010 (Annexure P-12), passed by the State Government keeping the application of the petitioner pending for grant of No Objection Certificate, to be considered on framing of the new policy. From the perusal of the impugned order, it appears that the State Government has kept the application of the petitioner pending till the framing of the new policy. It is admitted on behalf of the State that no policy has been framed by the State till date. Mr. Sharma, Deputy Advocate General, Haryana has further referred to Form No.4 prescribed by the Central Council of Indian Medicine for grant of no objection certificate from the State Government. This form inter alia comprehend various situations that the State Government is required to satisfy itself before a no objection certificate is granted. Though in the impugned order, there are certain observations made by the respondent regarding the deficiencies of the infrastructures in the Civil Writ Petition No.14229 of 2010 -2- petitioner's institutions but the application of the petitioner for grant of no objection certificate has not been decided till date. The ground of keeping the application pending is totally devoid of any valid and lawful reasons. The State Government has not framed any policy for the last so many years. In any case that cannot be a ground for keeping the application pending for years. Issue needs to be decided on the basis of the existing policy of the State Government. Applicant cannot be asked to wait for uncertain period. It is admitted case of the parties that the petitioner applied for grant of no objection certificate, vide application dated 15.05.2006 (Annexure P-1). It is more than four years now that the application was made but neither the State Government has decided the application nor framed any policy. Earlier the application of the petitioner was rejected, vide order dated 15/18.01.2010 (Annexure P-4) on a totally different ground that the building is being used for running a Nursing Institution. However, presently the building is not being used for running a Nursing Institution and thus, in the changed scenario, respondents were required to consider the application for grant of no objection certificate. Under Section 13(A) (8) primarily the Central Council has to consider all these necessary requirements for the establishment of the new college, however, the Form No.4 has been prescribed under the regulations framed by the Central Council of Indian Medicine under Section 36 of Indian Medical Central Council Act, 1970, therefore, the regulations can also not be totally ignored. Fact remain that the State Government has not taken any decision this way or the other on the application of the petitioner. In view of the above circumstances and without going into the merits of the controversy, this petition is allowed. The impugned order dated 21.04.2010 (Annexure P-12) is hereby set aside. State Government is directed to consider the application of the petitioner for grant of No Civil Writ Petition No.14229 of 2010 -3- Objection Certificate within a period of three weeks. In the event, the claim of the petitioner is to be rejected. It shall be by a reasoned and speaking order. 27.09.2010 (PERMOD KOHLI) Gagan JUDGE