The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 33706 of 2025 Kalahandi School of Nursing …. Petitioner Represented by – Mr. Devi Prasad Dash, Advocate -Versus- The State of Odisha and others …. Opposite Parties Represented by –
Legal Reasoning
Mr. Debaraj Mohanty, AGA (for O.P. -1 Mr. R.C. Mohanty, Advocate along with Mr. K.C. Swain & Mr. S.S. Sahu, Advocates (for O.Ps. 2 & 3) Mr. Amit Kumar Saa, CGC along with Mr. P.K. Parhi, DSGI (for O.P. 4) CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No.
Decision
ORDER 26.11.2025 (Hybrid Mode) 1. 1. We have heard Mr. D.P. Dash, learned counsel for the Petitioner and Mr. Debaraj Mohanty, learned Additional Govt. Advocate for the State- O.P.1, Mr. R.C. Mohanty, learned counsel for Opp. Party Nos.2 and 3 and Mr. P.K. Parhi, DSGI along with Mr. A.K. Saa, CGC for Opposite Party No.4. Page 1 of 2 2. The writ application has been filed before this Court with the following prayer – “In view of the above noted facts and circumstances, it is most respectfully prayed that this Hon‟ble Court may kindly be pleased to Admit this writ petition, Call for the Records; and after hearing, may kindly be pleased to issue appropriate writ/s in the nature of mandamus or any appropriate form/s directing the O.P. Nos. 2 to 3 to issue Renewal of „NOC‟ in the name of the petitioner – institution for 120 seats in GNM- Nursing of the academic session 2025-26 by accepting the aforesaid compliance and fire safety certificate in Form – V issued on 21.11.2025 by the D.F.O., Bhawanipatana Circle. And, further be pleased to direct the O.P. No.4 INC – O.P. No.4 to relax the days in any in respect of the petitioner – instate by extending the last date from 30.11.2025 scheduled for starting of the session for Nursing Course of the year 2025-26. And also be pleased to issue any writ/s, pass any order/s, direction/s as may deem fit and proper for the ends of justice.” 3. In para-8 of the writ application, the petitioner has referred to the order dated 14.10.2025 passed in I.A. No.16798 of 2025 passed by the coordinate Bench. Though the writ petition number has not been mentioned, but we understand that in I.A. No.16798 of 2024 arising out of W.P.(C) No.39868 of 2023, the coordinate Bench passed the following order dated 14.10.2025 – “7. The present petition is filed seeking extension of time in view of Notification dated 17.09.2025 issued by the Indian Nursing Council extending the last date of admission to nursing programs as referred to Page 1 of 2 above from 30th September, 2025 to 31st October, 2025 for the academic session : 2025-26. 8. Considered the submissions made by Sri Rajani Chandra Mohanty, learned counsel for the DMET, Odisha and in view of the fact that the extension of last date for admission for academic session : 2025-26 having been allowed vide Notification dated 17th September, 2025 by the Indian Nursing Council, this Court allows this interlocutory application in the interest of justice. 8.1. Accordingly, granting the prayer made in interlocutory application, this Court directs the DMET to consider renewal of NOC for the academic session : 2025-26 within a period of seven days hence with respect to those institutions whose cases have yet not been considered due to non-compliance of the deficiencies as per order dated 06.08.2025. It is, however, observed that the DMET shall be under obligation to put the necessary information on its website so that all institutions interested in renewal of NOCs may act accordingly.” 4. As per the notice, the petitioner has relied upon the notice issued by Opposite Party No.2 dated 17.10.2025 issued pursuant to the order dated 14.10.2025 of this Court. The notice annexed to the writ petition has been marked as Annexure-3. The contents of the said notice is reproduced herein – “In obedience to the Order No.11 dt.14.10.2025 of Hon‟ble High Court of Orissa, Cuttack passed in I.A. No. 16798 of 2025, the institutions whose applications for Renewal of NOC have not yet been considered due to non-compliance of the deficiencies, as per order of Chairman, ONMRC vide No. 3498 dt.06.08.2025 are requested to comply their Page 1 of 2 deficiencies through e-mail ID [email protected] within a period of seven days from today, i.e. 17.10.2025 by 5.00 P.M. of dt.23.10.2025.” 5. In another batch of writ applications, i.e. W.P.(C) No.24404 of 2025 and the connected matters, this Bench by order dated 16.10.2025 while disposing of the batch of writ applications had directed thus – “6. In view of the above fact situation and 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) No.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), Mr. R.C. Mohanty and the learned Additional Standing Counsel for the State, we issue the following directions. 6.1. All the Institutions whose applications have been rejected for grant of renewal of NOC shall comply the deficiencies, if not already complied in the meantime by 23rd October, 2025 for the academic year, 2025-26. 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 fire services or others shall take expeditious steps in considering compliances, if applied for by the petitioners-Institutions after due verification in accordance with law. 6.3. Upon submission of the necessary compliance in the respective individual cases on or before 23rd October, 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 of Session – Page 1 of 2 2025-26 is 31st October, 2025, and after grant of NOC the Institutions have to seek affiliations and other requirements, as the case may be, for admission of students. 7. Thereafter, the admission notification has to be notified, the students have to approach the Institutions and the entire process has to be completed by 31st October, 2025. Apart from the above writ applications by the Institutions, the above order shall strictly apply to only those Institutions who also have applied during time specified for renewal and rejected by the authority, applications for NOC made thereafter and fresh NOC applications pending for considerations till today, if these category of Institutions comply the deficiency and approach the authority by 23rd October, 2025.” 6. The present writ application has been filed by the petitioner – institution on 25th November, 2025 seeking similar relief, as has been granted by this Court in WP(C) No. 24404 of 2025 by taking note of the order passed by the coordinate Bench dated 14.01.2025 as we have reproduced above. 7. By the notification dated 17.10.2025 issued by the opposite party no.3 – authority, the last date for submission of the documents was 23.10.2025 (5.00 PM). 8. The petitioner’s case before this Court is that he had applied and obtained Fire Safety Certificate and produced same before the authority on 24.11.2025, as would be evident from Annexure-2. In the letter notifying the list of institutions which are not recommended for the academic session 2025-26, the petitioner-institution’s name finds place at Serial No. 23. The relevant entry at Serial No.23 is reproduced herein – Page 1 of 2 ODISHA NURSES & MIDWIVES REGISTRATION COUNCIL LIST OF PRIVATE NURSING INSTITUTIONS OF RENEWAL NOC FOR THE ACADEMIC SESSION 2025-26 WHICH ARE NOT RECOMMENDED DISTRICT COURSE INTAKE CAPACITY REASON FOR NOT RECOMMENDATION & NAME ADDRESS OF THE PRIVATE NURSING INSTITUTIONS FOR THE ACADEMIC SESSION 2025- 26 (RENEWAL NOC) XX XX XX XX XX Judge (Manash Ranjan Pathak) (Mruganka Sekhar Sahoo) Judge S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 27-Nov-2025 17:31:16 Page 1 of 2