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 – 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)
Legal Reasoning
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 7 2. The writ application has been filed by the petitioner-institution imparting education in General Nursing and Mid-wife (GNM) before this Court with the following prayers : “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 the aforesaid academic session 2025-26 by accepting 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 order dated 14.10.2025 passed in I.A. No.16798 of 2025 passed by the coordinate Bench has been referred to. Though the writ petition number has not been mentioned, but we are aware 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 above from 30th September, 2025 to 31st October, 2025 for the academic session : 2025-26. Page 2 of 7 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. 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. Copy of the said notice has been annexed to the writ petition 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 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.” Page 3 of 7 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 said 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 – 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. Page 4 of 7 from Apart 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 order of this Court in WP(C) No. 24404 of 2025 and the batch of cases by taking note of the order passed by the coordinate Bench dated 14.01.2025 as has been reproduced above. 7. It has to be noticed that, 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). 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. 8. 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 5 of 7 ODISHA NURSES & MIDWIVES REGISTRATION COUNCIL LIST OF PRIVATE NURSING INSTITUTIONS OF RENEWAL NOC FOR THE ACADEMIC SESSION 2025-26 WHICH ARE NOT RECOMMENDED SL NO. xx 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 23 KALAHANDI SCHOOL KALAHANDI GNM OF NURSING, AT/PO/VIA- BHAWANIPATANA, DIST-KALAHANDI, PIN- 766001 60 to 120 (Seat Enhancement) VALID FIRE SAFETY CERTIFICATE FORM-V FROM DFO AS PER INSPECTION REPORT, GEOTAGGED PHOTO, BUILDING PLAN & COMPLETION CERTIFICATE NOT SUBMITTED. XX XX XX XX XX XX 9. In view of the direction by the coordinate Bench dated 14.10.2025, notification dated 17.10.2025 was issued and also order dated 16.10.2025 was passed, when similarly situated institutions approached this Court in several writ applications. We take note of the fact that the petitioner- institution has approached the authority vide application No. FSC14103500120250000054, date of receipt of the application is 06.11.2025, date of inspection as mentioned in the Fire Safety Certificate in Form-B (issued by the authority under Rule 13(3) of the Odisha Fire Prevention and Fire Safety Rules, 2017) is 18.11.2025. Accordingly, it has to be concluded that the petitioner has approached seeking Fire Safety Certificate much after the Notification dated 17.10.2025 and also after the last date of submission of the application, i.e. 23.10.2025. 10. Learned counsel for the petitioner produces the application details, though not part of the writ petition, along with Memo of date, which states that application for Fire Safety Certificate is of dated 21.08.2025. The Page 6 of 7 details are downloaded on 26.11.2025 at 1.45 PM from the website agnishamaseva.odisha.gov.in. Relying on the said downloaded document, it is argued by the learned counsel for the petitioner that the petitioner’s application was made before the Fire Safety Authority on 21.08.2025. However, as we have recorded above, the certificate produced by the petitioner itself supported by affidavit shows the Application No., Date of the Application and Date of Inspection, as we have noted above. 11. In such view of the matter, the production of the application history does not help the petitioner in any way, because the petitioner has to rely on the Fire Safety Certificate and not the application for applying before the authority that the Fire Safety Certificate is available. As we recorded above, the Fire Safety Certificate annexed to the writ petition has been issued on 21.11.2025, Date of receipt of the application being 06.11.2025 and Date of Inspection being 18.11.2025. In our considered view, for issuance of NOC by the authority as mandated is “Fire Safety Certificate” issued by the appropriate authority, not any application made to the Fire Safety Authority for getting a Fire Safety Certificate. 12. Accordingly, we hold that the petitioner is not entitled to the relief sought for in this writ application. The writ petition is disposed of. Judge (Manash Ranjan Pathak) (Mruganka Sekhar Sahoo) Judge 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: 28-Nov-2025 11:26:04 S.K. Parida Page 7 of 7