The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.26037 OF 2025 Gurukrupa College of Medical Science, Umerkote …. Petitioner Represented By Adv. – Mr. P. K. Rath, Sr. Advocate along with Mr. S.K. Padhy, Advocate -versus- State of Odisha and another …. Opposite Parties
Legal Reasoning
Represented By Adv. – Mr. Subha Bikash Panda, AGA (for O.P. No.1) Mr. R.C. Mohanty, Advocate (for O.P. No.2) CORAM: JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO
Decision
ORDER 23.09.2025 (Hybrid Mode) 1. The writ petition has been filed on 16.09.2025 with the following prayer: “It is therefore, prayed that this Hon’ble Court graciously be pleased to admit this application, issue rule Nisi and call upon the opposite parties to show cause as to why the following directions shall not be passed; i. Direct the opp. Parties to accept the application for grant of NOC for renewal for nursing courses and allow the petitioner institution to admit students for the academic year 2025-26. ii. Direct the opp. Parties to extend the last date for Page 1 of 5 Order No. 02. . application for registration for renewal of NOC. And may order/orders, any direction/directions, writ/writs as your lordships deem just and proper;” other pass 2. The application is bereft of the particulars as to when the petitioner had applied for grant of renewal of NOC as would be evident from paragraph-1 of the writ petition. The paragraph-1 is reproduced herein: “1. That, the petitioner has filed the present application challenging the illegal, arbitrary and unreasonable action of the opp. parties in not accepting / allowing a time barred application for grant of renewal of NOC No Objection Certificate to admit the students for academic session 2025-2026, the petitioner's institute has submitted multiple representations seeking kind intervention by the opposite parties to allow for renewal of NOC and to admit students to impart Nursing courses for the session 2025-2026 and as such, there is no legal impediment.” 3. It is also noticed that the petitioner is conscious of the fact that there were notifications for application of renewal of NOC/fresh NOC by notice dated 27.11.2024, 04.12.2024, 20.12.2024 and lastly on 02.01.2025. The period of 02.01.2025 till filing of the writ petition on 16.09.2025, though it is stated that the petitioner is applying for NOC for the educational year 2025-26, is not explained. We may not comment on the conduct of the petitioner but the facts are glaring and apparent. We had the occasion to deal with similar writ petitions decided together in W.P.(C) No.16087 of 2025 and disposed of on 04.09.2025. From the said order we quote the relevant paragraphs necessary for our consideration as far as the present writ petition is concerned. Page 2 of 5 “1. The writ petitions, W.P.(C) No. 5835 of 2025, W.P.(C) No. 9421 of 2025, W.P.(C) No. 9543 of 2025, W.P.(C) No. 10059 of 2025, W.P.(C) No. 10218 of 2025 and W.P.(C) No. 16087 of 2025, since they involve almost identical facts and identical questions of law, are taken up together. The petitioners are institutions conducting different courses like Diploma in Medical Laboratory Technician(DMLT), General Nursing and Midwifery (GNM), Diploma in Pharmacy (D. Pharma) and B. Sc. Nursing. They have approached the Court in the premise that they have obtained No Objection Certificate (NOC) to conduct courses for years prior to educational year 2025-26; thereafter they have not been able to apply for renewal of NOC for admitting students as per the prevailing statute/rules. In one of the writ petitions, i.e., W.P.(C) No. 5835 of 2025 it has been contended that on 23rd January, 2025 after the last date was over and the application process, on-line was stopped, they approached the authority by filing application physically. In the case of W.P.(C) No. 10059 of 2025 it is submitted by learned senior counsel Mr. Nanda that since the process involves on-line application, petitioners could not make an approach by submitting physical application for grant of NOC after the last date. 2. Learned counsel Mr. R.C. Mohanty appearing on behalf of opposite parties Directorate of Medical Education and Training (DMET) and The State Board of Pharmacy, referring to the counter affidavit, submits that the authorities have extended the date for submission of the application for obtaining NOC as would be evident from Annexure-A/2 annexed to the counter affidavit filed in W.P.(C) NO. 5835 of 2025. He submits that initial date was 20.12.2024 extended upto 15.1.2025. Thereafter there has been no extension. 6. We are of the considered opinion that the last date of application, for existing for obtaining renewal of NOC institutions, which had earlier obtained NOC to admit students, has statutory mandate as well as relevance. Since we are a court of equity, we also consider the larger aspect that the petitioner- institutions in the present batch of writ petitions can best serve the students and the public at large if they are again inspected by the authority as per the provisions of law and rules for granting renewal of NOC those were being administered/conducted by the petitioner-institutions in the years prior to 2025-26. 7. We make this order as an one time measure. Considering submission of Mr. R.C. Mohanty, learned counsel for the opposite parties 2 & 3 that other institutions similarly situated may not take advantage of this order to approach the court and get a similar order as fence sitters, we accept the contentions of learned counsel for the opposite parties 2 & 3 that hereafter no the courses for Page 3 of 5 further extension of time to apply for renewal of NOC to be granted on ground of equitable considerations. 8. Regarding consideration of the institutions for grant of renewal of NOC, we are conscious of the principle of law that who seeks equity must do equity, therefore, without prejudice to the contentions of the opposite parties or the rights and contentions of the petitioners, we direct that irrespective of any amount earlier paid by the institutions for consideration of their application for renewal of NOC, they shall be liable to pay the amount if required to be paid for grant of renewal of NOC. For consideration of the delayed application made/to be made for grant of NOC the petitioner institution shall have to deposit an amount extra over and above the amount of fee of ₹20,000/- required to be deposited for renewal of NOC. In the present writ petition i.e., W.P.(C) No. 16087 of 2025 the amount shall be ₹20,000/- plus ₹40,000/- apart from the fees required for application for renewal of NOC. The extra amount of ₹40,000/- is directed considering the fact that the institute had not shown anything regarding approaching the authority after the extended last date of 15.01.2025, however, the petition was filed on 18.03.2025. 9. We reiterate and highlight that this order is passed in the context and facts of present batch of case taking into account the interest of students, who are seeking admission and admission process is continuing till 30th September, 2025. In any event, since we are not deciding the matter on merit and on the question of law, they will not have any precedential value.” 4. It is apparent that the petitioner-institution has made gross delay in approaching the authority apart from approaching the court almost after 9 months of the last date extended on three occasions as noted above. For the reasons best known the petitioner-institution has not stated anything regarding such inaction on it’s part. 5. We have heard the learned Additional Government Advocate for opposite party no.1 and Mr. Mohanty, learned counsel for opposite party no.2 who apart from stating that the extension of last date for grant of NOC cannot be extended ad infinitum also referred to our dated 04.09.2025 as we have Page 4 of 5 noticed above to submit that the said order was passed and confined to the facts of those cases and it was never intended by the Court to extend the date of the application for renewal of NOC or grant thereof ad infinitum when the statutory mandate is otherwise. 6. We are of the opinion that by judicial orders such extensions cannot be made when the statutory mandate is given and the authorities have already exercised their discretion to extend the last date for application to apply for renewal of NOC on three occasions i.e. 04.12.2024, 20.12.2024 and 02.01.2025. 7. In view of the above discussions, the writ petition being devoid of any merit is dismissed. (Manash Ranjan Pathak) Judge [ (Mruganka Sekhar Sahoo) Judge Jyostna Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 26-Sep-2025 17:15:04 Page 5 of 5