WP(C)/9185/2026 of CHANDRAKALA INSTITUTE OF MEDICAL SCIENCE, BALIANTA, KHORDHA Vs THE STATE OF ODISHA on 21 August 2026

ORDER

Order No. 21.08.2026

2.

1. This matter is taken up through hybrid mode.

2. The Petitioner is an institution conducting General Nursing and Midwifery (GNM) Course. The Petitioner- Institution has approached this Court on the premise that it had obtained No Objection Certificate (NOC) for conducting the aforesaid course for years prior to educational year 2026-27. Thereafter, it had not been able to apply for renewal of the NOC for admission of students in accordance with the prevailing statutes/rules.

3. Mr. Mohanty, learned counsel appearing on behalf of Opposite Parties, the Director, Medical Education and Training (DMET) and the State Board of Pharmacy, referring to the counter affidavit, submits that the last date for submission of the application for obtaining NOC was 15th January, 2026. Thereafter, there has been no extension of the said date.

4. We have heard learned Senior Advocate appearing for the Petitioner. It is contended that for this academic year, the admission process is continuing and the notified date for completion of the admission process is 30th September, 2026. It would be in nobody’s interest if existing institutions which had admitted students earlier, having been granted NOC, continue to exist without admitting any student for the academic year 2026-27. If the students are not allowed to be admitted, that would itself impact the survival of the institutions, which will not be in the public interest, as the institutions also run by employing so many staffs, apart from imparting professional degree to the students.

5. Mr. Mohanty, learned counsel, submits that the authorities have acted bonafidely. They have followed the prescribed rules and procedure for grant or renewal of NOC can never be an endless process, and the authority cannot entertain applications beyond the cut-off date.

6. We are of the considered opinion that the last date for application for obtaining grant/renewal of NOC for existing 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-Institution writ petition 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 or for renewal of NOC for the courses that were being administered/conducted by the Petitioner-Institutions in the years prior to 2026-27.

7. We make this order as a one-time measure. Accepting the submission of Mr. Mohanty, learned counsel appearing for the DMET, that other institutions similarly situated may not take advantage of this order to approach the Court and seek a similar order as fence-sitters, we made it clear that hereafter, no further extension of time to apply for renewal/grant of NOC shall be granted on the ground of equitable considerations.

8. Regarding consideration of the institution for grant/renewal of NOC, we are conscious of the principle of law that one who seeks equity must do equity. Therefore, without prejudice to the contentions of the Opposite Parties or the rights and contentions of the Petitioner, we direct that, irrespective of any amount earlier paid by the institution for consideration of their applications for grant/renewal of NOC, they shall be liable to pay the amount, if required to be paid, for grant/renewal of NOC.

9. 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 required to be deposited for grant/renewal of NOCs. In the present writ petition, the amount shall deposited apart from the statutory fees and fine required for application for grant/renewal of NOC. The extra amount of ₹50,000/- is directed considering the fact that the institute had not shown anything regarding approaching the authority after the last date.

10. We reiterate and highlight that this order is passed in the context and facts of the present batch of cases, taking into account the interest of students who are seeking admission and the fact that the admission process is continuing till 30th September, 2026. In any event, since we are not deciding the matter on merits and on the question of law, this order shall not have any precedential value.

11. The Petitioner is directed to apply to the authority(ies) by 24th August, 2026, peremptorily, failing which no further extension shall be granted in any manner whatsoever. The authorities shall act upon production of the website copy of this order. The Petitioner-Institution is also directed to file the hard copy along with scanned/soft copies of all the documents before the authority(ies) by the said date, along with the requisite fees/fine and extra amount, as directed above, in the form and manner (e.g. Demand Draft, IMPS, RTGS, NEFT, etc.) that is usually accepted by the authority(ies).

12. It is further directed that the authorities shall act upon the application made by 24th August, 2026 and consider the same in accordance with law, and take a decision thereon by 11th September, 2026.

13. It is further clarified that if the authorities find the Petitioner-Institution eligible to admit students, the same shall be notified on the website/in the admission procedure as adopted by the appropriate respective Council(s).

14. The writ petition is disposed of in terms of above order.

Urgent certified copy of the order be granted on proper application.

(K.R. Mohapatra)

Judge

(Mruganka Sekhar Sahoo) ms

Judge