WP(C)/23242/2026 of SUPREME TASK GENERAL HOSPITAL AND NETRANIKETAN, BALANGIR Vs STATE OF ODISHA on 14 August 2026

ORDER

14.08.2026 Order No.

02.

1. This matter is taken up through Hybrid Mode.

2. The petitioner is an institution conducting B.Sc. Nursing in the district of Bolangir. It has approached this Court on the premise that it had obtained No Objection Certificates (NOCs) for conducting the aforesaid courses for years prior to educational year 2024-25. Thereafter, it had not been able to apply for renewal of the NOCs for 2026-27 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) submits that the last date for submission of the application for obtaining NOCs was 15th January, 2026. Thereafter, there has been no extension of the said date.

4. It is submitted by the learned counsel for the Petitioner that in the year 2025, the Petitioner had applied for renewal for NOC, but the said application was rejected and the institution was not granted renewal NOC for 2025-26. This led to a series of cases in the form of W.P.(C) No.26022 of 2025, W.P.(C) No.33253 of 2025 and W.P.(C) No.3059 of 2026, which was filed by the Petitioner for renewal of its NOC for the year 2025-26. As the Petitioner was pursing these cases, it, inadvertently, did not apply for renewal NOC for the year 2026-27 on time pursuant to the advertisement issued during this time period.

5. Thereafter, the Petitioner immediately approached the Opp. Party Nos.1 & 2 by submitting a detailed representation dated 16.03.2026 laying down its reasons for the delay and requested the authorities to reopen the portal or accept the physical application for the academic session 2026-27. However, the Opp. Parties have remained completely silent on the representation and no reply has been communicated to the Petitioner till date.

6. 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, which can never be an endless process, and the authority cannot entertain applications beyond the cut-off date.

7. We are of the considered opinion that the last date for application for obtaining grant/renewal of NOCs for existing institutions, which had earlier obtained NOCs 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 in this Writ Petition can best serve the students and the public at large if it is again inspected by the authority as per the provisions of law and rules for granting or for renewal of NOCs for the courses that were being administered/conducted by the Petitioner Institution in the year prior to 2026-27.

8. 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 NOCs shall be granted on the ground of equitable considerations.

9. Regarding consideration of the institutions for grant/renewal of NOCs, 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 its application for grant/renewal of NOC, it shall be liable to pay the amount, if required to be paid, for grant/renewal of NOC. 9.1 For consideration of the delayed application made/to be made for grant of NOCs, 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 be deposited apart from the statutory fees and fine required for application for grant/renewal of NOCs. 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.

We reiterate and highlight that this order is passed in the context and facts of the present case, 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). 11.1 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. 11.2 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).

12. 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)

Judge Amit/Rajesh

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2026 10:14:07 Signature Not Verified