CourtKutchehry

Supreme Court: No Fire NOC Needed for Schools and Colleges in Buildings Under 15 Metres

Apex court quashes cheating case, says law exempts low-rise educational buildings from fire clearance

Ruling clarifies National Building Code provisions, relief for thousands of institutions across India

By Our Legal Reporter

New Delhi, September 22, 2025 – In a significant judgment with nationwide implications for the education sector, the Supreme Court of India has ruled that educational institutions operating from buildings under 15 metres in height do not require a No-Objection Certificate (NOC) from the Fire Department.

The ruling came while quashing criminal proceedings against JVRR Education Society and its representative Jupally Lakshmikantha Reddy, who had been accused of using a forged fire NOC to secure recognition for a college in Andhra Pradesh.

The Case: From FIR to Supreme Court

The case began with an FIR lodged on July 15, 2018, alleging that the institution had submitted a fake fire NOC to the state education department to obtain recognition. The police later filed a chargesheet under Section 420 of the Indian Penal Code (IPC) for cheating, along with forgery-related provisions.

The Andhra Pradesh High Court, in 2024, refused to quash the case, prompting the accused to approach the Supreme Court.

Supreme Court’s Observations

A two-judge bench of Justices B.V. Nagarathna and Joymalya Bagchi delivered the verdict on September 10, 2025, setting aside the High Court’s order and quashing the criminal proceedings.

The court noted that the National Building Code of India, 2016 clearly exempts educational buildings below 15 metres in height from the requirement of obtaining a fire NOC.

The building in question was 14.20 metres high, well within the exemption limit. Therefore, the court held, a fire NOC was never legally required for recognition or renewal of the institution’s affiliation.

No Dishonest Inducement, No Cheating

The bench emphasised that for a charge of cheating under Section 420 IPC to stand, there must be dishonest inducement causing wrongful gain or loss.

Since the law did not require a fire NOC for the building, the alleged submission of a forged NOC could not have induced the authorities to act in a way they were not already empowered to do.

The court also pointed out that the alleged forged document was never recovered, and there was no evidence linking the accused to its creation — an essential element for proving forgery under Sections 464 and 465 IPC.

Relief for Educational Institutions

This ruling is expected to bring relief to thousands of schools and colleges across India that operate from low-rise buildings.

In many states, educational institutions have faced delays in affiliation, recognition, or renewal due to the insistence on fire NOCs, even when their buildings were under the 15-metre threshold.

The court’s clarification means that such institutions will no longer have to navigate lengthy and costly fire clearance procedures, provided they comply with other safety norms.

Safety Still a Priority

While removing the legal requirement for a fire NOC in low-rise educational buildings, the Supreme Court stressed that fire safety measures remain essential.

Institutions must still ensure:

Adequate fire extinguishers and alarms.
Clear evacuation routes.
Regular fire drills.
Compliance with local building safety codes.

The court made it clear that the exemption from NOC does not mean exemption from responsibility.

Impact on Affiliation and Recognition Processes

In states like Uttar Pradesh, Maharashtra, and Andhra Pradesh, universities and education boards often require a fire NOC as part of the affiliation process.

Following this ruling, such requirements will have to be aligned with the National Building Code.

For example, in Meerut, the Federation of Self-Finance Colleges has already written to Chaudhary Charan Singh University demanding that the Supreme Court’s order be implemented so that affiliation files are not held up for lack of a fire NOC.

The Legal Principle Established

The judgment reinforces a key legal principle: If the law does not require a document, its absence — or even alleged falsification — cannot form the basis of criminal liability.

This principle could have implications beyond the education sector, affecting other regulatory areas where authorities demand documents not mandated by law.

Background: National Building Code, 2016

The National Building Code (NBC) is a comprehensive set of guidelines covering building construction, safety, and maintenance.

Under the NBC, educational buildings under 15 metres in height are classified as low-rise and are exempt from certain fire safety clearance requirements, though they must still follow basic safety norms.

SC: Schools, Colleges Under 15m Don’t Need Fire NOC