Orissa College of Pharmaceutical Science, Dhenkanl ….. State of Odisha and others v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 381 of 2023 Orissa College of Pharmaceutical Science, Dhenkanl ….. State of Odisha and others Vs. ….. Petitioner
Legal Reasoning
Mr. S.K. Dash, Advocate Opposite Parties Mr. A.K. Mishra, AGA CORAM: DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO
Decision
ORDER 15.02.2023 Order No. 06. This matter is taken up through hybrid mode. 2. Heard Mr. S.K. Dash, learned counsel for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate for the State. 3. The petitioner has filed this writ petition seeking direction to the opposite parties to allot 60 intake candidates to the petitioner’s institution from Odisha Joint Entrance Examination, 2022 for B- Pharm Course for the academic session 2022-23. 4. Mr. S.K. Dash, learned counsel for the petitioner vehemently contended that since the petitioner’s institution was not included in OJEE counseling, the petitioner has approached this Court in the present writ petition. 5. Mr. A.K. Mishra, learned Additional Government Advocate referred to the counter affidavit filed by opposite party no.1 dated 03.02.2023 to the rejoinder affidavit filed by the petitioner, wherein at paragraphs 4, 5, 6 and 7 it has been stated as follows. Page 1 of 5 “4. That in reply to the averments made in Para-3 and 4 of the rejoinder affidavit, it is humbly submitted that NOC as well as affiliation of BPUT is issued for one calendar year only. Further, it is to clarify here that the petitioner institute had applied for opening of the institution in the Academic Year 2021-22. Accordingly, the NOC was given on 27.04.2021. (Annexure-2) for opening of B. Pharm institute subject to fulfilment of norms/conditions of BPUT Acts and Statutes. Moreover, the institute have been included in the OJEE Counselling for admission in Academic Year 2021-22. It is respectfully submitted that the Govt. of Odisha, Health and Family Welfare Department vide Notification No.10418/H & F.W., dated 06.04.2021 has issued general guidelines for issuance of NOC to different institution for opening nursing, paramedical or allied medical science courses and the different fees amendment thereof. Xerox copy of Notification No.10418/H & F.W., dated 06.04.2021 is filed herewith as Annexure-D/1. The notification under Annexure-D/1 is the modified guidelines to the Notification No.26601, dated 22.10.2019 vide Annexure-B/1 to the counter affidavit. It has been specifically stated in the notification under Annexure-D/1 in Clause-iii that the application to open or start an institution to impart any course/renewal of NOC must apply to the Registrar of Council. It is respectfully submitted that the Registrar of Council is a part of Directorate of Medical Education and Training (DMET) Odisha. Therefore, the NOC supplied to the petitioner's institution vide Letter No.2098, dated 27.04.2021 under Annexure-2 to the writ petition by the Skill Development and Technical Education Department has been issued inadvertently. But however, on the basis of the said NOC, the petitioner's institution has opened B. Pharm course and the NOC issued for the year 2021-22 has been duly carried out. 5. That in reply to the averments made in Para-5 and 6 of the rejoinder affidavit, it is humbly submitted that some representations/complaints were received at this end regarding issuance of NOC in favour of pharmaceutical institutes. In order for smooth affiliation of to streamline Pharmaceutical Institutes of the State by the BPUT, Odisha, a meeting was conducted under the Chairmanship of Principal Secretary to Government, Skill Development and Technical Education Department on 31 December, 2021. It was decided that NOC for affiliation of the Pharmaceutical institutes by BPUT, prior NOC from Directorate of Medical Education and Training (DMET), Odisha under Health and Family Welfare Department is mandatory and to be kept in record. The above decision was communicated to all concerned vide Letter No.72 dated 6.01.2022 (Annexure C/1 to the counter affidavit). the procedure Page 2 of 5 Further, the above said decision has been taken in consultation with Health and Family Welfare Department. As such, Skill Development and Technical Education Department is following procedure as specified in the above said proceeding. 6. That in reply to the averments made in Para-7 to 10 of the rejoinder affidavit, it is humbly submitted that as submitted in the counter affidavit, the petitioner institution has relied upon NOC issued by Skill Development and Technical Education Department for the academic session 2021-22. The said NOC is valid for one year only i.e. academic session 2021-22. However, the institute needs to obtain NOC from appropriate authority as prescribed in Notification issued by Health and Family Welfare Department vide Annexure-D/1 for affiliation by the BPUT and further counseling by OJEE for admission for academic session 2022-13. Indira Gandhi It is pertinent to mention here that Lucky College of Pharmaceutical Science is a sister institute of Orissa College of Pharmaceutical Science and Institute of Pharmaceutical Sciences, Bhubaneswar. Dr. Gandharb Chandra Nayak is the founder-Chairman of all the three institutes i.e. Lucky College of Pharmaceutical Sciences, Orissa College of Pharmaceutical Sciences and Indira Gandhi Institute of Pharmaceutical Sciences and Dr. B.M. Nayak, W/O. Dr. Gandharb Chandra Nayak is the Secretary of Lucky College of Pharmaceutical Science and filed the petition on its behalf. She is also Secretary of Indira Gandhi Institute of Pharmaceutical Sciences and Orissa College of Pharmaceutical Sciences. It is further humbly submitted that Dr. G.C. Nayak being Chairman of Indira Gandhi Institute of Pharmaceutical Sciences, Bhubaneswar vide Letter No.1090 dated 27.01.2023 has submitted a proposal with a prayer to display/include college name Indira Gandhi Institute of Pharmaceutical Sciences, Bhubaneswar for taking admission for the academic session 2022-23 after obtaining renewal NOC from DMET. Accordingly, the institute has been granted affiliation. Xerox copy of Letter No.1090 dated 27.01.2023 is filed herewith as Annexure E/1. That it is humbly submitted that as stated above, Dr. G C 7. Nayak is the same person, who is the founder-Chairman of Lucky College of Pharmaceutical Sciences. Hence, it is imflied that the management of petitioner institute including Secretary are well aware of the fact that the institute will be granted affiliation by BPUT only after producing NOC from DMET as per Notification No.26601 dated 22.10.2019 (Annexure B/1 to the counter affidavit). It is construed from the above facts that the authority of the petitioner institute is aware of the necessity of DMET approval and accordingly obtained the DMET NoC Page 3 of 5 for admission in one institute i.e. Indira Gandhi Institute of Pharmaceutical Sciences, Bhubaneswar whereas in the present case, he is not following the guidelines issued by the Health & Family Welfare Department. It is worthwhile to mention here that twenty eight (28) institutes were affiliated by BPUT in academic year 2021-22. Among them, twenty (21) institutes have been given with affiliation and included in OJEE counselling for the Academic year 2022-23 after production of DMET as well as PCI approval. Further, fifteen (15) new institutes have been granted with consent of affiliation after obtaining DMET NOC for offering B. Pharm courses. Only seven (7) institutes including the present institute are yet to submit NOC from DMET. Hence, the petitioner institute needs to submit NOC from DMET for affiliation and inclusion in OJEE counselling as per the counselling schedule. He also contended that in the event the petitioner makes an application for NOC to the DMET, then it will be done forthwith, so that the institution will not suffer. 6. Having heard learned counsel for the parties and after going through the records, as it appears that the mistake has been committed by the state authorities while granting NOC to the petitioner. Earlier it was the Skill Development and Technical Education Department and now NOC was to be granted by DMET. But that itself an intra departmental dispute of the State, which the petitioner is no way concern. As such, once the petitioner’s institution has been granted NOC by the state authorities and allowed the students to appear in the year 2021, now subsequently when the institution makes an application for renewal, the same was to be done in a process. Now, in view of the affidavit filed by the opposite party, it is DMET, who is to grant NOC. Thus, let the petitioner file an application for grant of NOC from DMET within a period of seven days from today and in case such an application is Page 4 of 5 filed, the DMET shall consider and dispose of the same as expeditiously as possible, within a period of seven days thereafter and as a consequence thereof, the petitioner’s institution be permitted to admit the students from OJEE. 7. With this observation/direction, the writ petition stands disposed of. (DR. B.R. SARANGI) JUDGE Arun/Bichi (SAVITRI RATHO) JUDGE Page 5 of 5