The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16577 of 2024 and batch In W.P.(C) No.16577 of 2024 Sailabala Institute of Nursing Medical Science …. Petitioner Mr. S.P. Misra, Senior Advocate Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16578 of 2024 Ekamra School of Nursing …. Petitioner Mr. S.P. Misra, Senior Advocate Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16579 of 2024 Prabhupada Institute of Nursing Sciences …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16581 of 2024 Lingaraj College of Nursing -versus- ….
Legal Reasoning
Petitioner Mr. B.P. Das, Advocate Page 1 of 11 State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16583 of 2024 Maa Bauti Nursing Centre …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16585 of 2024 Sailabala Institute of Nursing Medical Science …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16589 of 2024 Sailabala Institute of Nursing & Medical Science …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16596 of 2024 Cryogenex Institute of Medical Science & Research (CIMSAR) -versus- …. Petitioner Mr. B.P. Das, Advocate Page 2 of 11 State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16601 of 2024 Satyanarayan Institute of Allied Medical Science …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16603 of 2024 Nirmana School of Nursing …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16605 of 2024 Premier College of Nursing …. Petitioner Mr. B.P. Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16658 of 2024 Vivekananda Institute of Health Science …. Petitioner Ms. S. Gumansingh, Advocate -versus- Directorate of Medical Education & …. Opposite Parties Page 3 of 11 Training and others Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.16713 of 2024 Arun College of Nursing …. Petitioner Mr. S.R. Patnaik, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.17909 of 2024 Compassion College of Nursing …. Petitioner Mr. Sohan Mishra, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.17929 of 2024 SIEMS College of Nursing …. Petitioner Mr. Parsuram Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.17961 of 2024 Future College of Nursing …. Petitioner Mr. Sohan Mishra, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) Page 4 of 11 In W.P.(C) No.18338 of 2024 Shaikh College of Nursing …. Petitioner Mr. Parsuram Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18343 of 2024 SIEMS College of Nursing …. Petitioner Mr. Parsuram Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.17985 of 2024 Rourkela Institute of Nursing …. Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.17998 of 2024 Mother Teresa School of Nursing -versus- The Principal Secretary to Govt., Health and Family Welfare Department and another …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) Page 5 of 11 In W.P.(C) No.18031 of 2024 Maheswari GNM Training School …. Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18084 of 2024 Kendrapada School of Nursing -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18086 of 2024 Bhubaneswar College of Nursing -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18277 of 2024 Gurukul Institute of Medical Sciences …. Petitioner Mr. C. Tripathy, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Page 6 of 11 Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18576 of 2024 Hrudananda Dani Nursing College -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18581 of 2024 Shanti School of Nursing and Research Centre …. Petitioner -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18594 of 2024 Ayan School of Nursing -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18595 of 2024 Sabitri Devi School of Nursing …. Petitioner Page 7 of 11 -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18604 of 2024 Subham College of Nursing (B. Sc. Nursing) …. Petitioner Mr. Sidheswar Mallik, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18605 of 2024 Bhanja College of Nursing (B. Sc. Nursing) …. Petitioner Mr. Sidheswar Mallik, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18622 of 2024 Royal Academy -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Page 8 of 11 Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18951 of 2024 Keonjhar Nursing College -versus- The Principal Secretary to Govt., Health and Family Welfare Department and others …. Petitioner Mr. G.P. Jena, Advocate …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18957 of 2024 Sradha Institute of Health Science …. Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) In W.P.(C) No.18965 of 2024 Sri Jagannath College of Nursing …. Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. M. K. Khuntia, Addl. Govt. Advocate (For State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO Order No.
Decision
ORDER 12.08.2024 03. These matters are taken up through Hybrid mode. Page 9 of 11 2. All these writ petitions relate to grant/renewal of NOC by the Directorate of Medical Education and Training (DMET), Bhubaneswar to the writ petitioners-institutions for conducting different nursing courses. 3. It is an admitted position that for grant/renewal of NOC, an online inspection of these petitioners/institutions was required to be conducted by the DMET. It is the grievance of these petitioners/institutions in the present batch of writ petitions that because of General/Assembly Elections in the State, they could not make themselves available for inspection online on the dates fixed by the DMET. 4. It is the case of the petitioners/institutions that they had made requests to the DMET for rescheduling the dates for online inspection. It is in the said background that these writ petitions have been filed seeking direction to the DMET to conduct online inspections by fixing fresh dates. 5. Mr. Rajani Chandra Mohanty, learned counsel appearing on behalf of the DMET has stated that he has received the following instructions to be conveyed to this Court: - “For conducting inspections different date (sic, dates) were fixed for different institution. The inspection dates which were scheduled on the date of election or within 2 days prior to the date of election or 2 days after the election will be allowed for inspection.” Page 10 of 11 6. Learned counsels appearing on behalf of the respective petitioners-institutions have no objection to the decision of the DMET to rescheduling the dates of inspection accordingly. 7. In view of the decision of the DMET as conveyed through Mr. Rajani Chandra Mohanty, learned counsel, no further direction is required to be issued in these matters. 8. These writ petitions stand disposed of accordingly. 9. It goes without saying that the DMET shall not differentiate between the institutions which have approached this Court and those who have not, and extend them the same benefit as given to the present petitioners/institutions in the matter of re-fixing the dates of inspection. Chief Justice (Chakradhari Sharan Singh) Judge (Savitri Ratho) S.K. Guin/PA Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Aug-2024 18:30:26 Page 11 of 11