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Swatanter Kumar, J.

1. IA Nos.1-2 of 2012 are applications filed by the two students of Parshavanath College of Engineering run by Parshavanath Charitable Trust for permission to file special leave petition SLP (C) No............ of 2012 (CC No.15485 of 2012) against the judgment dated 22nd August, 2012 passed by the High Court of Judicature at Bombay in Writ Petition No.460 of 2011. The applications are allowed subject to just exceptions.

2. SLP (C) No.26086 of 2012 has been preferred by the appellant-Trust against the same judgment.

3. Leave granted in both the SLPs.

4. As the challenge in both these appeals is to one and the same judgment of the Bombay High Court, it will, thus, be appropriate for us to dispose of both these appeals by this common judgment.

FACTS :

5. The appellant, Parshvanath Charitable Trust, was formed as a minority community trust in the year 1993. One of its objects was to establish educational institutions. Consequently, it established the Parshavanath College, after obtaining approval of all the concerned authorities on 11th June, 1994 with the intake capacity of 140 students for academic year 1994-95. This college was running at the premises being Survey No.27 (part) at Kasarvadavali, Ghodbunder Road in the district of Thane. The annual approvals by the All India Council for Technical Education (for short, the ‘AICTE’) continued till the year 2008. On 29th April, 2008, the appellant sought a ‘No Objection Certificate’ from the University of Mumbai. It also applied for an ‘occupation certificate’ from the Municipal Corporation of Bombay for shifting the college to new premises located at a distance of barely 300 meters from the old site being Survey No. 12/1, 2, 4, 13/8, 9, 10A and 13/10B. In furtherance to this, the appellant had made an application dated 24th May, 2008 to the Regional Office of the AICTE seeking its permission to shift the college to the new premises and also submitted all the requisite documents. The appellant had also written to the Directorate of Technical Education for issuance of a No Objection Certificate for the said purpose.

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27. The so-called “policy” of the State as mentioned in the counter-affidavit filed in the High Court was not a ground for refusing approval. In Thirumuruga Kirupananda & Variyar Thavathiru Sundara Swamigal Medical Educational & Charitable Trust v. State of T.N. which was a case relating to medical education and which also related to the effect of a Central law upon a law made by the State under Entry 25 List III, it was held (at SCC p. 35, para 34) that the “essentiality certificate cannot be withheld by the State Government on any policy consideration because the policy in the matter of establishment of a new medical college now rests with the Central Government alone”.