Orissa High Court

WP(C)/26262/2026 of SAI NURSING COLLEGE, KANDHAMAL Vs STATE OF ODISHA on 19 August 2026

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of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) NO. 26262 OF 2026 CNR No.ODHC010625992026 Sai Nursing College, Kandhamal …. Petitioner Mr. Lalatendu Samantaray, Sr. Advocate being assisted by Mr. Ashutosh Sahu, Advocate -versus- State of Odisha and others …. Opp. Parties Mr.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C) NO. 26262 OF 2026

CNR No.ODHC010625992026

Sai Nursing College, Kandhamal

….

Petitioner

Mr. Lalatendu Samantaray, Sr. Advocate being assisted by Mr. Ashutosh Sahu, Advocate

-versus-

State of Odisha and others

….

Opp. Parties

Mr. Umesh Chandra Behura, AGA

Mr. Rajani Chandara Mohanty, Advocate

(for O. P. Nos.2 and 3)

CORAM:

HON’BLE MR. JUSTICE K.R. MOHAPATRA

HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

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ORDER

Order No. 19.08.2026

01.

1. This matter is taken up through Hybrid Mode.

2. Appearance memo of Mr. Lalatendu Samantaray, learned Senior Counsel filed on behalf of the Petitioner-College is taken on record.

3. The Petitioner-Institution is imparting nursing courses and other allied subjects, who has applied for NOC for the academic session 2026-27. Its application for grant of NOC has been rejected on the ground that Reciprocal Registration Certificate of the Principal was not enclosed to the applications. Pursuant to the order dated 29th July, 2026 passed in W.P.(C) No.8757 of 2026, the DMET sought for clarification/approval from the State Government for reconsideration of cases of nursing institutions where NOC/renewal of NOC for the academic session 2026-27 have been rejected as per the office notification dated 27th February, 2026 and 9th June, 2026 respectively. The proposal for reconsideration of the cases of the Institutions has been approved by the State Government. Accordingly, letter No.18434/MET dated 10th August, 2026 (Annexure-A/2 to the said affidavit filed) has been issued by the Director, Medical Education and Training, Odisha, Bhubaneswar to Mr. Mohanty, learned counsel representing them, indicating as under: “Sub:-In reference to Order dtd.29.07.2026 passed by the Hon'ble Court in W.P(c) No.8757/2026. Sir,

In obedience to the Order dtd.29.07.2026 of the Hon'ble Court passed in W.P(c) No.8757/2026, the DMET (O) had sought for clarification/approval from the State Government for reconsideration of the cases of the Nursing Institutions whose NOC/Renewal of NOC for the session 2026-27 have been rejected as per the Order/Notification dtd.27.02.2026 & 09.06.2026 respectively.

The State Government has allowed the DMET to reconsider the applications subject to fulfillment of the deficiencies as per the existing guidelines issued by Govt. from time to time for the academic session 2026-27.

In view of the approval of the Govt. for reconsideration of the cases of the Institutions, you are hereby requested to apprise the Hon'ble Court to allow the DMET(O)-cum-Chairman, ONMRC, to reconsider the cases of the Institutions whose cases have been rejected due to the deficiencies pointed out in the rejection order dtd.27.02.2026 for NOC & Renewal NOC dtd.09.06.2026 for the academic session 2026-27, if the deficiencies are complied with, which have been pointed out along with the Fire Safety Certificate, and allow the authority 15 days time for consideration of their cases.

Moreover, the Hon’ble Court’s directions for consideration of the cases may be limited only to those Institutions who have approached the Hon'ble Court for redressal of their Prayer through their respective Writ Petitions.

This is for your information and necessary action.

Yours faithfully Sd/-

Director Medical Education & Training, Odisha”

4. In the said letter, it is indicated that if the deficiencies pointed out are rectified and fire safety certificate is produced then the authority may be allowed 15 days time for reconsideration of the cases of the different nursing institutions.

5. Mr. Mohanty, learned counsel for the DMET also reiterates the contents of the letter and submits that if a window of 15 days is provided by this Court to consider the application after rectifying the deficiencies, then the DMET shall reconsider the same.

6. Learned Senior Counsel for the Petitioner in the above writ petition submits that reasonable time may be allowed to take steps for rectification of the deficiency and submit the documents complete in all respect to the DMET either through e-mail or physically for reconsideration.

7. Mr. Mohanty, leaned counsel for the DMET does not have any objection to such suggestion.

8. In view of the above, the writ petition is disposed of with a direction that if the Petitioner-Institution takes steps to rectify the deficiencies/defects and submit the same complete in all respect with the DMET in between 20th August, 2026 to 24th August, 2026 (inclusion of both the dates in the official hour), then the DMET shall reconsider the same by 11th September, 2026 and publish the same in the website of DMET.

9. It is submitted by Mr. Samantaray, learned Senior Counsel for the Petitioner-Institution that the Principal of the Institution in question has already submitted application for issuance of Reciprocal Registration Certificate in her favour on 15th January, 2026 which is pending with the Opposite Party No.2-DMET. In such event, it is directed that the said Opposite Party No.2 shall consider and take a decision on the application dated 15th January, 2026 for grant of Reciprocal Registration in favour of the Principal of the Institution before reconsideration of the application of the Institution in question for grant of NOC. The outcome of the reconsideration shall be published in the website of the DMET forthwith.

10. It is needless to say that the Petitioner-Institution shall cooperate with the inspection/verification for grant of NOC in respect of its institution.

11. It is further made clear that the time period granted shall not be extended at any cost at the instance of any of the parties to the writ petitions. This order has been passed taking into consideration the interest of the students who are interested in pursuing the courses.

(K.R. Mohapatra)

Judge

(Mruganka Sekhar Sahoo) Jyostna/Radha

Judge Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 19-Aug-2026 18:24:31 Signature Not Verified

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