The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W. P. (C) No.31029 of 2025 Goutam Budha Nursing and Paramedical Sciences College, Puri …. Petitioner Represented By Mr. Devi Prasad Dash, Advocate -versus- State of Odisha and others …. Opposite Parties
Legal Reasoning
Represented By Mr. J.K. Bal, AGA (for O. P. No.1) Mr. R.C. Mohanty with Mr. K.C. Swain and Mr. S.S. Sahoo, learned Advocates (for O.P. Nos.2 and 3) CORAM: JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO
Decision
ORDER 08.12.2025 (Hybrid Mode) I.A. No.21760 of 2025 (arising out of W.P. (C) No.31029 of 2025 disposed of on 20.11.2025) 1. The I.A. has been filed on 02.12.2025 in the disposed of writ petition with the following prayer: “It is prayed, therefore, that this Hon’ble Court may kindly be pleased to modify the aforesaid order dated 20.11.2025 passed in the aforesaid W.P. (C) No.31029 of 2025 by directing the O.P. Nos.1, 2 and 3 to accept the compliances of Form-V Fire Safety Certificate submitted by the petitioner-institution on 26.11.2025 and to take the Page 1 of 8 Order No. 02. . consequential decisions within the reasonable time limit as may be deem just and proper for the ends of justice with regard to granting of Renewal of ‘NOC’/provisional Recognition for the academic session 2025-26 in favour of the petitioner-institute, and by directing the INC-O.P. No.4 to extend the last date of admission suitably for the petitioner-institute. And, may be pleased to pass any appropriate order/s, direction/s as may deem just and proper for the ends of justice.” 2. Earlier by detailed order dated 20.11.2025 the W.P.(C) No.31029 of 2025, filed by the petitioner was disposed of by us after detailed hearing of the matter in presence of learned counsel for all the parties/stake holders. The relevant portion of the said order is reproduced herein: “4. The present matter, which is assignment of this Bench, has a direct co-relation as far as the extension of the last date for grant of NOC is concerned. It is brought to our notice by the learned counsels for the petitioners and learned counsel appearing for the regulatory authority [in most of the cases, the Director Medical Educational Training (DMET) is the authority], and learned Additional Standing Counsel appearing for the State that the last date of admission to nursing programmed has been extended upto 30th November, 2025 in terms of the order dated 14.10.2025. 5. It is submitted by the learned counsel Mr. R.C. Mohanty, for regulatory authority as well as learned Additional Standing Counsel that expeditious and prompt steps have been taken by the authority(ies) and the State to carry forward the mandate of the order dated 14.10.2025 of the Co-ordinate Bench and extended last date for consideration of the pending / rejected applications for renewal of NOC after compliance has been notified on 17.10.2025. 6. In view of the above, taking note of the order dated 14.10.2025 passed by the Co-ordinate Bench in I.A. No.16798 of 2025 passed in W.P.(C) 39868 of 2023, as well as the submissions made at the bar by the learned counsels on behalf of the petitioners-Institutions, the submissions of the learned counsel for the regulatory authority(ies), and the learned Additional Standing Counsel for the State, we issue the following directions. 6.1. The petitioner-Institution whose application for grant of renewal of NOC has been rejected shall comply the deficiencies by 24th November, 2025, if not already complied in the meantime for the academic year, 2025-2026. Page 2 of 8 In view of the undertaking given before this Court, no further time shall be granted for submission of compliance. 6.2. We also expect the respective authorities like that of fire services or other authorities shall take expeditious steps in considering compliances, after due verification in accordance with law, if applied by the petitioner-Institution. 6.3. Upon submission of the necessary compliance by the petitioner- Institution on or before 24th November, 2025 5.00 pm, the authority shall consider the same and take decision(s) as expeditiously as possible, taking note of the fact that last date of admission to courses for Session- 2025-2026 is 30th November, 2025, and after grant of NOC the Institutions have to seek affiliations and other requirements, as the case may be, for admission of students; thereafter, the admission notification has to be notified, the students have to approach the Institutions and the entire process has to be completed by 30th November, 2025. 7. The writ petition is disposed of with the above observations.” 3. It is submitted that after the said order was passed, the petitioner- institution has obtained Fire Safety Certificate annexed to the I.A. marked as part of Annexure-6 series. Part of Annexure- 6 series, at page 23 of the I.A. i.e. the Fire Safety Certificate relied on by the petitioner is scanned and reproduced herein in the next pages: Page 3 of 8 Page 4 of 8 Page 5 of 8 4. Apparently, the application number of the petitioner-institution FSC11031000420250000011 was received by the Fire-safety authority on 25.11.2025 and the Fire Safety Certificate was issued on 25.11.2025. Thereafter, the petitioner has approached the authority for grant of renewal of ‘NOC’ for B.Sc. Nursing courses for the academic session 2025-26 and the authority has passed the following order: “Whereas, as per Order No. 01 dt. 20.11.2025 of Hon’ble High Court of Orissa passed in W.P (C) No. 31029 of 2025, “Upon submission of the necessary compliance by the petitioner-Institution on or before 24th November, 2025 5.00 pm, the authority shall consider the same & take decision(s) as expeditiously as possible, taking note of the fact that last date of admission to courses for Session 2025- 26 is 30th November, 2025, and after grant of NOC the Institutions have to seek affiliations and other requirements, as the case may be, for admission of students, thereafter, the admission notification has to be notified, the students have to approach the Institutions and the entire process has to be completed by 30th November, 2025. Whereas, in obedience to the orders of Hon’ble High Court of Orissa, Cuttack, Sukanti Nayak, Director of Goutam Budha Nursing & Paramedical Science College, At- Plot No. 7, Dandipur, Balanga, P.S.- Balanga, Dist-Puri submitted the order copy on dt. 26.11.2025 along with the Form-V fire safety certificate. Since, the submission is beyond the stipulated time period of the order of Hon’ble High Court of Orissa, the representation is devoid of any merit for consideration. Order Passed Now therefore, Order is passed that, the representation of Sukanti Nayak, Director of Goutam Budha Nursing & Paramedical Science College, At-Plot No. 7, Dandipur, Balanga, P.S.- Balanga, Dist-Puri is devoid of merit for consideration For Renewal of NOC for the academic session 2025-26.” Page 6 of 8 5. The copy of the I.A. has been served on the learned counsel, Mr. R. C. Mohanty for the authority and Mr. J.K. Bal, learned Additional Government Advocate for the State. The learned Additional Government Advocate as well as the learned counsel, Mr. Mohanty for the authority submit that after this Court has passed order (as reproduced above) extending the time there cannot be any further extension. It is submitted after the last date up to which the Court extended i.e. 24.11.2025, the entire process of granting NOC/renewal of NOC is over and the process of admission of students is also complete. It is submitted by the learned counsel, Mr. Mohanty for the authority also endorsed by the learned AGA for the State that several institutions have complied and taken benefit of the order passed by the Coordinate Bench dated 14.10.2025 and the order passed by this Bench dated 17.10.2025 and the entire process is over. 6. Having heard the learned counsel for the petitioner in the I.A. in the disposed of writ petition as well as Mr. Mohanty, learned counsel & learned AGA, in our considered view, order dated 20.11.2025 has attained finality as far as the date of submission of compliance is concerned. Consciously, this Court has not referred to any “pending applications e.g. pending before fire safety authority’ rather the word used in paragraph-6.2 is that the “authorities shall take expeditious steps in considering compliances”. 7. It is the admitted case of the petitioner that the petitioner applied for fire safety certificate after 24.11.2025, on 25.11.2025 and got the certificate on 26.11.2025. We also take note of the fact that after the orders was passed by the coordinate Bench dated 14.10.2025 as has been noticed and reproduced in order dated 20.11.2025, this Bench had Page 7 of 8 extended the time upto 24.11.2025 i.e. about one month and 10 days. It was incumbent upon the petitioner to act diligently to comply the order dated 20.11.2025. The petitioner-institution on it’s part has failed to comply with the order dated 20.11.2025 regarding the ‘compliances’ to be made for seeking renewal of NOC. 8. Further, order dated 20.11.2025, this Court has not granted any further liberty to the authorities to consider grant/ renewal of NOC after 24.11.2025. Concededly, the petitioner applied before the authority for NOC on 26.11.2025. Therefore, the action of the authorities cannot be faulted with. 9. The I.A. 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: 11-Dec-2025 18:24:26 Page 8 of 8