Where the original affiliating university raises no substantive objection to the transfer, and the college agrees to fulfill pending financial/legal obligations, the university must grant a No Objection Certificate (NOC) subject to such conditions. This judgment affirms established law and clarifies procedural requirements for transfer of affiliation among higher educational institutions in Andhra Pradesh; serves as binding authority within the jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | WP/20966/2025 of Sri Padmavathi College of Education, Vs Vikrama Simhapuri University, CNR APHC010406742025 |
| Date of Registration | 06-08-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | CLOSED NO COSTS |
| Judgment Author | Justice K Sreenivasa Reddy |
| Court | High Court of Andhra Pradesh |
| Precedent Value | Binding within the High Court’s jurisdiction |
| Type of Law | Education Law / Administrative Law |
| Questions of Law | Is the non-issuance of a No Objection Certificate by the original affiliating university for shifting a college to another university’s jurisdiction lawful where no substantive objection exists? |
| Ratio Decidendi |
Upon the original university expressing no objection to a college’s proposed shift to another university’s jurisdiction, subject to settlement of affiliation fees or other conditions, and the college’s willingness to comply, there remains no further cause for judicial adjudication. The court reaffirms that the process is complete if university conditions and council approvals are met. Procedural compliance and payment of dues are the limiting factors for issuance of NOC. |
| Facts as Summarised by the Court |
The petitioner college applied for a NOC from Vikrama Simhapuri University to shift its affiliation to Andhra University. The university issued a no objection, subject to clearance of affiliation fees for the preceding six years. The petitioner did not object to paying these dues. Both sides confirmed the agreement before the court. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Andhra Pradesh and administrative authorities under its jurisdiction |
| Persuasive For | Other High Courts, especially in comparable statutory or factual circumstances |
What’s New / What Lawyers Should Note
- Confirms that original universities cannot stall the transfer of a college if they otherwise do not object, provided statutory and financial obligations (e.g., unpaid affiliation fees) are cleared.
- Brings clarity to jurisdictional transfer of affiliated colleges within Andhra Pradesh: NOC can be made conditional upon payment of pending dues.
- Illustrates the value of mutual consent and procedural compliance in resolving inter-university transfer disputes without need for prolonged litigation.
Summary of Legal Reasoning
- The court noted that the original university had officially recorded no objection to the college’s request for shifting, subject to settlement of pending affiliation fees.
- The university’s consent was made conditional only on prior payment of such fees for the last six years.
- The petitioner signaled willingness and readiness to satisfy that precondition.
- Since all substantive disputes were thus resolved, no further issue remained for judicial decision, and the writ petition was closed.
- The court reaffirmed that in transfers of educational institutions between universities, procedural and financial compliance suffices where basic objections are absent.
Arguments by the Parties
Petitioner
- Sought mandamus for inaction by original university (respondent) in granting NOC for proposed jurisdictional shift.
- Registered readiness to pay any affiliation fee as required by the university.
Respondent (Vikrama Simhapuri University)
- Confirmed no substantive objection to the proposed shift to the Andhra University jurisdiction.
- Stipulated that NOC would be subject to payment of outstanding affiliation fees for the years 2019–20 to 2024–25.
Factual Background
Sri Padmavathi College of Education sought to transfer its affiliation from Vikrama Simhapuri University, Nellore, to Andhra University, Visakhapatnam. The college formally applied for a No Objection Certificate (NOC) for such transfer. The original university agreed to issue the NOC upon payment of past six years’ affiliation fees. The petitioner agreed to comply with this requirement. The dispute thus centered on formalizing these conditionalities.
Statutory Analysis
- The judgment was rendered in exercise of Article 226 of the Constitution of India.
- Procedural compliance regarding payment of affiliation fees was treated as a legitimate statutory requirement for issuance of the NOC by the original university.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms and applies settled law regarding conditional issuance of NOCs for shifts in affiliation among universities.