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2026 DAILYLAW 31270 (ORI)

SAILASHREE SCHOOL AND COLLEGE OF NURSING, BALASORE v. STATE OF ODISHA

WP(C)/19875/2026 · 2026-08-13

K R Mohapatra, M S Sahoo

Writ Petition (Civil)body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 19875 OF 2026 CNR No. ODHC010463932026 Sailashree School and College of Nursing, Balasore …. Petitioner Mr. Subhankar Rout, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Umesh Chandra Behura, Additional Government Advocate (For the State) Mr. Rajani Chandra Mohanty, Advocate (For DMET) CORAM: JUSTICE KRUSHNA RAM MOHAPATRA JUSTICE MRUGANKA SEKHAR SAHOO ORDER Order No. 17.08.2026 I.A. No.15559 of 2026 and W.P.(C) No. 19875 OF 2026 3. 1. This matter is taken up through hybrid mode. 2. I.A. No.15559 of 2026 has been filed by the Petitioner- Institution to recall the order dated 13th August, 2026, by which the writ petition was disposed of. 3. Mr. Rout, learned counsel for the Petitioner submits that inadvertently, the matter was taken up with batch of writ petitions, in which the Petitioner-Institutions therein had not made any application for grant of No Objection Certificate (NOC) within the stipulated time. But, in the instance case, the Petitioner-Institution had made an application for renewal Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 11:29:47 Signature Not Verified of NOC to impart the course for the Academic Session 2026- 27. 3.1. It is his submission that the issue involved in this writ petition has already been adjudicated in W.P.(C) No.8757 of 2026, disposed of on 11th August, 2026. 3.2 Hence, he prays for recall of the order by which the writ petition was disposed of and to pass orders in the light of the order passed in W.P.(C) No.8757 of 2026. 4. Mr. Mohanty, learned counsel appearing for the DMET also acknowledges the same. 5. In view of the above, the order dated 13th August, 2026 is recalled and the following order is passed. 6. The I.A. is disposed of accordingly. 7. The Petitioner-Institution is imparting nursing courses and other allied subjects, who have applied for renewal of NOC for the academic session 2026-27. Its application for renewal of NOC has been rejected on the ground that there are certain deficiencies in making application. 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 Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 11:29:47 Signature Not Verified [Annexure-A/2 to the affidavit filed on 11th August, 2026 in W.P.(C) No. 8757 of 2026] 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” 8. In the said letter, it was indicated that if the deficiencies pointed out are rectified and fire safety certificate is produced then the authority may be allowed 15 days’ time Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 11:29:47 Signature Not Verified for reconsideration of the cases of the different nursing institutions. 9. 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 applications after rectifying the deficiencies, then the DMET shall reconsider the same. 10. Learned counsel for the Petitioner submit that seven days’ time may be allowed from today for rectification of the deficiencies and submit the documents complete in all respect to the DMET either through e-mail or physically for reconsideration. 11. Mr. Mohanty, leaned counsel for the DMET does not have any objection to such suggestion. 12. In view of the above, the writ petition is disposed of with a direction that if the Petitioner-Institution rectify the deficiencies/defects and submits the same complete in all respect with the DMET in between 17th August, 2026 to 24th August, 2026 (inclusion of both the dates in the official hour), then DMET shall reconsider the same by 11th September, 2026 and publish the same in the website of DMET. 13. It is needless to say that the Petitioner-Institution shall cooperate with the inspection/verification for renewal of NOC in respect of its institution. 14. It is further made clear that the institutions who have not filed any writ petitions shall also be eligible to avail this opportunity for reconsideration of the applications whose Digitally Signed Signed by: MADHUSMITA SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2026 11:29:47 Signature Not Verified NOC has been rejected by notification dated 27th February, 2026 and 9th June, 2026 may also avail this opportunity. 15. 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. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Mruganka Sekhar Sahoo) ms Judge