Nviron Learning Foundation vs State Of Odisha And Others
2022 Latest Caselaw 6853 Ori

                  ORISSA HIGH COURT: CUTTACK
AFR
                     W.P.(C) NO. 26549 OF 2022

      In the matter of an application under Articles 226 and
      227 of the Constitution of India.
                             ---------------

Nviron Learning Foundation ..... Petitioner

-Versus-

State of Odisha and others ..... Opp. Parties

For Petitioner : Mr. Budhadev Routray, Sr. Advocate along with M/s. Shantanu Das and R. Acharya, Advocates,

For Opp. Parties : Mr. J.P. Pattanaik, Government Advocate [O.Ps. 1 & 2]

M/s. B.K. Dash, S.R. Dash, R.B. Dash, D. Mohajan, R.K. Nayak and S. Behera, Advocates [O.P.3]

P R E S E N T:

THE HONOURABLE DR. JUSTICE B.R.SARANGI AND THE HONOURABLE MR JUSTICE B.P. SATAPATHY

Date of Hearing: 15.11.2022 :: Date of Judgment : 24.11.2022 // 2 //

DR. B.R. SARANGI, J. Nviron Learning Foundation, as a Public

Charitable Trust represented through its Managing

Trustee, has filed this writ petition seeking to quash

notification no. SDTE-PDE-I-Poly-0026-2017-3622/

SDTE dated 27.07.2022 under Annexure-7, as well as

the order of rejection of the petitioner's application for

affiliation, vide letter no. 12694 (4) dated 30.09.2022

under Annexure-10. The petitioner has further prayed to

issue direction to the opposite parties to grant affiliation

to its institution to run Post-Diploma in Industrial Safety

(PDIS) Course from the academic session 2022-23, on

the basis of the application submitted on 26.04.2022

under Annexure-3 series and the inspection report dated

21.07.2022 of the inspection team under Annexure-6.

The petitioner has made an alternative prayer to direct

the opposite parties to treat its institution at par with

the existing institutes and make applicable the AICTE

approval to it from the academic session 2025-26, as is

the case for existing institutes running with PDIS

course.

// 3 //

2. The factual matrix of the case, in precise, is

that the petitioner-trust was formed through a deed

registered on 18.04.2022 with its office located at Plot

No. 1610, Mahanadi Villa, Cuttack. The petitioner-trust

in its executive meeting held on 22.04.2022 resolved to

establish a new technical institute and applied to SCTE

& VT for approval to start "Nviron Institute of S.H.E." to

offer Post-Diploma in Industrial Safety (PDIS) Course.

Pursuant to the aforesaid resolution, the petitioner duly

applied on 26.04.2022 to opposite party no.1 for No

Objection Certificate (NOC) to establish such institution

to offer PDIS Course. Opposite party no.1 forwarded the

petitioner's application dated 26.04.2022 to the opposite

party nos. 2 and 3 requesting them to conduct a joint

inspection to verify the availability of infrastructure and

faculty to run the institution with PDIS courses and

submit a report in that regard. The opposite party no.2

formed an inspection team, vide order dated 09.06.2022,

to conduct inspection of the infrastructure, faculty and

other necessary amenities of the petitioner's institution // 4 //

as per affiliation norms of SCTE & VT, Odisha. Pursuant

thereto inspection was conducted by the inspection team

on 21.07.2022 and a report was submitted to DTET on

30.07.2022 recommending the petitioner's institution to

get affiliation to run the PDIS course. The said report

was forwarded by the DTET to the State Government

further recommending the grant of affiliation to the

petitioner's institution. As such, the petitioner's

institution complied with the requirements as sought by

the inspecting team in the meantime.

2.1 Opposite party no. 1 published a notification

on 27.07.2022 stating that institutions intending to start

a new Post-Diploma course shall have to obtain approval

from AICTE, while applying for affiliation to SCTE & VT,

for admitting students in any such courses and the

duration shall be as per AICTE norms. With regard to

running PDIS course in existing institutions, AICTE

affiliation shall be made mandatory from the session

2026-27. Pending affiliation of petitioner's institution,

opposite party no.2 published an admission notice on // 5 //

23.09.2022 inviting applications from students for

enrolment into PDIS course for the academic year 2022-

23 with effect from 26.09.2022. The advertisement was

published before finalizing the pending application of the

petitioner's institution seeking affiliation. The opposite

party no. 2 informed the petitioner, vide letter no.

12696(4) dated 30.09.2022, that its application for

affiliation and establishment of new PDIS Course has

been rejected by the Government. Hence, this writ

petition.

3. Mr. B. Routray, learned Senior Counsel

appearing along with Mr. Shantanu Das, learned

counsel for the petitioner vehemently contended that in

the notice dated 02.04.2022 issued by the SCTE & VT-

opposite party no.2 it is clearly stated that all the

institutions offering Diploma programmes approved by

the AICTE, to seek affiliation from SCTE&VT, Odisha.

Similarly, the institutions offering PDIS Course, if

approved by the Government of Odisha, are also

required to seek affiliation from SCTE&VT, Odisha before // 6 //

admitting students to PDIS Course for the academic

session 2022-23. Thereby, it is contended that approval

from AICTE was never a pre-requisite for obtaining

affiliation from SCTE&VT for running the PDIS Course

and as per the guidelines issued by the Government, the

petitioner's institution not only complied every

paraphernalia but the inspection team constituted by

the DTET has also recommended the petitioner's

institution to run the PDIS Course. It is further

submitted that instead of considering the case of the

petitioner's institution for affiliation on the basis of the

recommendation made by the inspection team, opposite

party no.1 published the notification dated 27.07.2022

stating therein that the institutions intending to start

new Post-Diploma Course shall have to obtain approval

from AICTE, while applying for affiliation to SCTE&VT

for admitting students into any such Courses, with

regard to running PDIS Courses in existing institutions,

as AICTE affiliation shall be made mandatory from 2026-

27. Therefore, it is contended that the application // 7 //

submitted by the petitioner's institution and the

recommendation made by the inspection team has been

rejected, referring to notification dated 27.07.2022,

which amounts to non-application of mind. It is further

contended that the guidelines so issued on 27.07.2022

will have prospective effect in absence of any specific

rider that it should be applied retrospectively. It is

further contended that since the notice was published

on 02.04.2022 inviting applications for affiliation for

offering PDIS Course for the session 2022-2023 and in

compliance of the same the petitioner's institution made

its application in terms of the existing guidelines and

accordingly the inspection was conducted and

recommendation was made for grant of affiliation, the

same should not have been rejected on 30.09.2022

relying upon the notification dated 27.07.2022. Thereby,

the impugned order under Annexure-10 dated

30.09.2022 rejecting the application of the petitioner's

institution for affiliation is an outcome of non-

application of mind, which is liable to be quashed.

// 8 //

To substantiate his contention, learned Senior

Counsel appearing for the petitioner has placed reliance

on the judgment of the apex Court in the case of K.

Manjusree v. State of A.P., AIR 2008 SC 1470 and the

decisions of this Court in the cases of Himansu Sekhar

Sahoo v. State of Odisha, 2013 (2) ILR-CUT 355 and

Dr. Sk. Fiyazul Haque v. State of Odisha, W.P.(C) No.

24673 of 2022 disposed of on 28.09.2022

4. Mr. J.P. Patnaik, learned Government

Advocate appearing for the opposite party nos. 1 and 2

contended that SCTE&VT, vide notice dated 02.04.2022

under Annexue-1, has nowhere asked any institution to

start PDIS Course without approval of the Government.

The petitioner has neither applied for affiliation nor paid

any fees for affiliation for the year 2022-23 in response

to such notice. Therefore, the petitioner's institution has

not obtained any approval or NOC from the State

Government for offering PDIS Courses. The petitioner

has applied to the Government suo motu as per its

convenience/own requirement without any invitation // 9 //

from State Government or SCTE&VT. Therefore the

notification issued under Annexure-1 does not create

any right on the part of the petitioner nor does it saddle

the opposite parties 1 and 2 with any obligation or duty.

He further contended that the petitioner had applied for

NOC, vide letter dated 26.04.2022 under Annexure-3,

wherein the Chairman of the petitioner had intimated

that in order to obtain AICTE approval, it is necessary to

submit NOC of State Government. According to him,

since the petitioner had requested for NOC for AICTE

approval, the Government, vide Letter No.1969 dated

05.05.2022, requested DTE&T & SCTE&VT to conduct a

joint inspection, along with one official from industry

safety back ground, to verify on the availability of

infrastructure and faculty, etc to run the institution with

existing PDIS Courses and submit a report as per the

procedure. The PDIS Courses being run by the SCTE&

VT is of one year duration with due approval from the

Government, whereas AICTE has a provision to run Post-

Diploma Courses of different branches with a duration of // 10 //

1.5 years. Therefore, in absence of standardization of

courses, the pass-out students of these Diploma courses

are finding it difficult to get employed at national level

and in other States. As such, keeping in view the

standardization of Post-Diploma in Industrial Safety

(PDIS) Course as per AICTE norms and pass-out

students of these Post-Diploma courses in the State, the

Government, vide notification dated 27.07.2022, was

pleased to approve the conditions stipulated therein. He

further contended that the notification dated 27.07.2022

is a policy decision taken by the Government in order to

create standardization of Post-Diploma courses and to

give opportunity to the pass-out students of these

Diploma courses to get employed at national level and in

other States. Therefore, by issuing letter dated

27.07.2022 no illegality or irregularity has been

committed and, as a consequence thereof, the order

dated 30.09.2022 rejecting the petitioner's proposal for

establishment of new Post-Diploma in Industrial Safety // 11 //

(PDIS) Courses is well justified and does not require any

interference by this Court at this stage.

5. Mr. B.K. Dash, learned counsel appearing for

the opposite party no.3 contended that in the notice

dated 02.04.2022 issued by SCTE&VT at the 1st

paragraph it was clearly mentioned that institutions

offering PDIS course, if approved by GOVT of Odisha, are

also required to seek affiliation from SCTE&VT, Odisha

before admitting students to PDIS course for 2022-23

session. It was also clarified at paragraph 2 that after

grant of affiliation by the council, the institutions can

participate in admission process for the affiliated courses

and affiliated intake capacity for the session 2022-23.

Thereafter, in paragraph-4 it was indicated that for PD1S

Course, affiliation shall be granted to such institutions,

which are approved by the Government and institutions

must have applied for affiliation for such course with

such intake capacity along with fees. The petitioner's

institution had applied to the Government suo motu

without any invitation from Government /SCTE&VT and, // 12 //

thereby, the relief sought by the petitioner cannot be

granted and the writ petition has to be dismissed. It is

further contended that AICTE is a statutory body

established under an Act to standardize the norms of

technical education in the country. It provides the course

of Post-Diploma in Industrial Safety of 1.5 years

duration, but SCTE&VT provides the said course in one

year. Therefore, there should be rationalization of the

course so as to provide employment benefit to the

candidates. Consequentially, it was decided to get

approval from the AICTE with effect from the academic

session 2026-27. Thereby, no illegality or irregularity has

been committed by the authority by issuing such

notification dated 27.07.2022 calling for interference by

this Court at this stage.

6. This Court heard Mr. B. Routray, learned

Senior Counsel appearing along with Mr. S. Das, learned

counsel for the Petitioner, Mr. J.P. Patnaik, learned

Government Advocate appearing for the State-opposite

parties no.1 and 2 and Mr. B.K. Dash, learned counsel // 13 //

appearing for opposite party no.3 in hybrid mode and

perused the records. Pleadings having been exchanged

between the parties, with the consent of learned counsel

for the parties the writ petition is being disposed of

finally at the stage of admission.

7. There is no dispute before this Court that the

petitioner is a charitable trust registered on 18.04.2022.

To establish a technical institute the petitioner-trust

applied to opposite party no.3 to offer Post-Diploma in

Industrial Safety (PDIS) Course. The PDIS course is being

offered with an aim of ensuring safety and health at work

place. In order to fulfill the need, services of qualified

safety professionals in any industry is essential in order

to plan, implement and monitor accident prevention

environment. Therefore, it is necessary that a Safety

Officer should possess appropriate qualification and

required exposure in live environment in order to

discharge desired duties and shoulder responsibility to

ensure risk free environment in work place. Section-40B

of the Factories Act, 1948, read with Rule-61 (1) of the // 14 //

Orissa Factories Rules, 1950, provides the criteria for a

person to be eligible for appointment as Safety Officer, if

he possesses a Degree or Diploma in Industrial Safety

from an institution recognized by the State Government.

Keeping in view the roles & responsibility of Safety

Officer, a Post-Diploma (PDIS) Course having one year

duration was designed by opposite party no.3 with the

support of opposite party no.2 in order to equip the

students with appropriate knowledge, skill and attitude

to perform various job functions effectively & efficiently.

8. The opposite party no.3 published a notice on

02.04.2022 inviting prospective institutions to apply for

affiliation in order to offer PDIS courses to the students

for the session 2022-23. The 1st paragraph of the said

notification reads as follows:-

"In pursuance to Notification No. 2570 /SDTE dated 04/06/2018 and 2861 dt. 21/06/2018 of SD&TE Department Govt. of Odisha on Affiliation Bye-Laws of SCTE&VT, it is imperative for all the Institutions offering Diploma programmes approved by AICTE to seek affiliation from SCTE&VT, Odisha for such courses if offered by the council, before admitting students to such courses for 2022-23. Similarly, Institutions offering PDIS course, if approved by Govt. of // 15 //

Odisha, are also required to seek affiliation from SCTE&VT, Odisha before admitting students to PDIS course for 2022-23 session."

From the above it follows that all the institutions offering

Diploma programmes approved by AICTE to seek

affiliation from opposite party no.3 for such courses if

offered by the council, before admitting students to such

courses for the session 2022-23, and similarly all the

institutions offering PDIS course, if approved by Govt. of

Odisha, are also required to seek affiliation from opposite

party no.3 before admitting students to PDIS course for

2022-23 session. Therefore, the notification is very clear

that the institutions offering PDIS course, if approved by

Govt. of Odisha, are required to seek affiliation from

opposite party no.3 before admitting students to PDIS

course for 2022-23 session.

8.1 Further, paragraph-3 of the said notification

states as follows:-

"New Institution seeking Affiliation for the first time, is required to apply for Login Id and Password through the above portal by 20/04/2022 positively to mail Id [email protected] After getting the // 16 //

Login-Id and Password only, the institution can submit the application in the portal."

Meaning thereby, a new institution like the present

petitioner seeking affiliation for the first time, is required

to apply for Login ID and Password through portal by

20.04.2022 positively and after getting the Login-ID and

Password only, the institution can submit the

application in the portal.

8.2 The notification further provides that all the

Principals of the above stated institutions are required to

submit the applications for affiliation online in the

council website to be available from 12.04.2022 along

with requisite fees online as applicable to them by

30.04.2022 positively and institutions not submitting

application for affiliation in the manner prescribed or not

paying fees for the purpose, shall not be considered for

grant of affiliation for such courses by the council for the

year 2022-23.

// 17 //

9. Pursuant to such notice, the executive

meeting of the petitioner was held on 21.04.2022 and a

resolution was passed for establishment of new technical

institution and to apply to opposite party no.3 for

approval to start the petitioner's institution to offer Post-

Diploma in Industrial Safety in a place earmarked for

proposed institution. Accordingly, on 26.04.2022 under

Annexure-6 series, the petitioner applied for issuance of

NOC to establish the institution to offer PDIS Course for

the session 2022-23 enclosing all the documents

required for the purpose. In response to the same, the

Joint Secretary to Government, vide letter dated

05.05.2022, intimated to opposite party no.2 requesting

to conduct a joint inspection along with one official from

industry safety back ground, to verify on the availability

of infrastructure and faculty, etc to run the institution

with existing PDIS course and to submit a report.

Opposite Party No.2, on receipt of the letter dated

05.05.2022, constituted an inspection team to conduct

inspection as per affiliation norms of the opposite party // 18 //

no.3 with a request to furnish the inspection report

within one week from the date of issue of the order

positively vide order dated 09.06.2022. Therefore, a joint

inspection was conducted and report was submitted on

30.07.2022 with the following observation and

recommendation:-

"Following observations are made hereunder:

1. The Electrical Connections & required setting up of PDIS Labs as per requirements are under process. (Undertaking Furnished by the Institute)

2. The NVIRON Institute of S.H.E., Jagatsinghpur has applied for introduction of new course of Post Diploma in Industrial Safety (PDIS) as a new Institute with an intake of 30 during the academic Session 2022-23 with reference to Letter No. 1969/SDTE Dated 05.05.2022 of the SD&TE Deptt.

Recommendation:

As per findings the team recommended new course of Post Diploma in Industrial Safety (PDIS) as a new Institute with an intake of 30 during the academic Session 2022-23 subject to compliance of the aforesaid observation made in Sl. No.1."

10. Prior to such recommendation made on

30.07.2022, a notification was issued by the Government

of Odisha in Skill Development & Technical Education

Department stating inter alia that the institutions // 19 //

intending to start a new Post-Diploma Course shall have

to obtain approval from AICTE while applying for

affiliation to SCTE&VT for admitting students in any

such courses and the duration shall be as per AICTE

norms. The above mentioned approval of AICTE for

running PDIS Courses shall be mandatory from the

session 2026-27 for the existing institutions. It was also

stated that many seats in the PDIS Courses are lying

vacant. Hence, status quo as regards number of seats

and establishment of new institution and approval to

new courses shall be maintained during the above

mentioned 5 years grace period. It was also clarified that

if any institution approaches the Department with AICTE

approval, it shall be entertained. Therefore, by the time

the recommendation was made by the committee on

30.07.2022, the notification dated 27.07.2022 had

already seen the light of the day. In spite of such

notification dated 27.07.2022, the recommendation was

made by the committee in respect of the petitioner's

institution for PDIS Course as a new institute with an // 20 //

intake of 30 during academic session 2022-23 subject to

compliance of the observation made therein, which the

petitioner complied. Therefore, it is incumbent upon the

State to grant NOC, but instead of doing so, vide letter

dated 30.09.2022, it was communicated that the

Government has been pleased to regret the proposal for

establishment of new Post-Diploma in Industrial Safety

(PDIS) Course and variation of intake to the existing

institutes for 2022-23, pursuant to notification dated

27.07.2022.

11. Denial of issuance of NOC to the petitioner's

institution is because of the notification dated

27.07.2022. When the notification dated 27.07.2022 is

confined to existing institutions which require approval

of AICTE for running PDIS Courses shall be mandatory

from 2026-27 session and also allowed five years grace

period. The petitioner's institution, being a new

institution, is eligible to receive no objection from the

Government as a consequence thereof the affiliation from

opposite party no.3. Thereby, rejection of the claim of the // 21 //

petitioner, vide letter dated 30.09.2022, is arbitrary,

unreasonable and contrary to the provisions of law.

12. On perusal of the notice dated 02.04.2022 and

notice dated 29.04.2022, it is made clear that the

opposite parties had invited applications from the

institutions seeking fresh affiliation to opposite party

no.3 for PDIS Course. In response thereto, the petitioner

had applied for affiliation and, as such, the NOC for such

affiliation was sine qua non. Since the petitioner had at

first applied for NOC, it could have paid all requisites

fees after obtaining NOC. But the same was rejected on

30.09.2022 without application of mind, which cannot

sustain in the eye of law. On perusal of the order dated

09.06.2022, it is further made clear that the joint

inspection team was constituted for physical verification

of the petitioner's institution for establishment of a new

PDIS course. In view of the language employed in the

aforesaid letters dated 30.09.2022 and dated

09.06.2022, it is inferred that the petitioner had indeed

made an application for affiliation, which was rejected by // 22 //

the authority, and not merely made an application for

NOC. But fact remains, the grant affiliation to the

petitioner's institution is followed by NOC to be granted

by the State Government, and that though

recommendation was made by the joint inspection

committee, but the application for affiliation was rejected

without application of mind.

13. It is of relevance to note, the petitioner's

institution being a new institution when sought for NOC

and consequential affiliation from the competent

authority for establishment of new PDIS Course and its

application was accordingly recommended by the joint

inspection committee on 30.07.2022, even though by

that time the notification issued on 27.07.2022 had seen

the light of the day, knowing fully well that the said

notification is not applicable to the petitioner's

institution, the benefit claimed by the petitioner has

been denied. The said notification clearly states that the

institutions intending to start a new PDIS Course shall

have to obtain approval from AICTE while applying for // 23 //

affiliation to opposite party no.3 for admitting students

in any such courses. By the time the notification dated

27.07.2022 saw the light of the day, the petitioner had

already applied for grant of NOC and consequential

affiliation, pursuant to the notification dated 02.04.2022.

Therefore, the notification so issued on 27.07.2022 has

got prospective application and as such the same cannot

be applied retrospectively denying benefit to the

petitioner. More so, even if AICTE approval was made

mandatory by the Government, the existing institutions

were granted time up to the session 2026-27. But that

has nothing to do so far as petitioner's institution is

concerned. As such, no discrimination can be made

between the existing institutions vis-à-vis the new

institutions like the petitioner's institution. The

notification dated 02.04.2022 does not require the

petitioner's institution to have AICTE approval for getting

affiliation from opposite party no.3 for running PDIS

Course. As such, AICTE approval was never the pre-

requisite for obtaining affiliation from opposite party no.3 // 24 //

for running the PDIS Course since inception of the

course. The handbook issued by the AICTE in Appendix-

1 under Clause 1.2 deals with Post-Diploma, which

requires a course of 18 months or 2 years, whereas the

PDIS course is of one year, for which the affiliation from

opposite party no.3 is required. In Annexure-12 dated

01.06.2009 the approval of guidelines and approval

process for PDIS Course has been prescribed for and, as

such, the session is for a period of one year, i.e. August

to July. If at all any AICTE approval is required, the

same has to be done from 2026-27. Since as per the

AICTE term the length of course has been at least 18

months, but present PDIS course is only one year long

stretched over two semesters, therefore, the present

course cannot as such be required approval from the

AICTE.

14. It may not be out of place to mention that for

the purpose of establishing an institution, the petitioner

has fulfilled all the criteria for offering PDIS course with

effect from the session 2022-23 and created // 25 //

infrastructure as per the prescribed norms of the

opposite party no.3 in terms of the notice dated

02.04.2022, including appointment of faculties, and

considering its application dated 05.05.2022 submitted

to the Government, the joint inspection was done and

the inspection team, having satisfied that the petitioner

has fulfilled all the norms of the State Government to

run PDIS course from 2022-23, recommended for grant

of NOC and consequential affiliation by the competent

authority. Therefore, pursuant to the notice dated

02.04.2022, since the petitioner has started the process,

in view of issuance of notification dated 27.07.2022, it

cannot be denied the NOC and affiliation and, thereby

the process which has already been started on the basis

of the norms prescribed therein cannot be changed in

the mid way.

15. In K. Manjusree (supra), referring to

Maharashtra State Road Transport Corporation v.

Rajendra Bhimrao Mandve, (2002) 1 LLJ 819 SC, the

apex Court held that the rules of the game, meaning // 26 //

thereby, the criteria for selection cannot be altered by the

authorities concerned in the middle or after the process

of selection has commenced. In this case, the position is

much more serious. Here, not only the rules of the game

have been changed, but they have been changed after

the game has been played and the results of the game

are being awaited, which is absolutely unacceptable and

impermissible.

16. In Himansu Sekhar Sahoo (supra), this

Court referred to the judgments of the apex Court in the

cases of Secretary, A.P.Public Service Commission v.

B. Swapna and others, (2005) 4 SCC 154,

K.Manjusree (supra) and Mohd. Raisul Islam and

others v. Gokul Mohan Hazarika and others, (2010) 7

SCC 560 and observed that it is well settled principle of

law that once the process of selection has started, the

prescribed selection criteria cannot be changed, and

further that introducing of any change into eligibility

criteria after the selection process has commenced,

would amount to changing the game after the game has // 27 //

been played. Similar view has also been taken by this

Court in the case of Dr. Sk. Fiyazul Hauqe (supra).

17. Keeping in view the principles of law laid down

by the apex Court as well as this Court, as mentioned

supra, this Court finds that in the instant case

admittedly pursuant to the notification issued on

02.04.2022, necessary steps have already been taken by

the petitioner for grant of NOC and consequential

affiliation by opposite party no.3 to the petitioner's

institution. The petitioner, having complied all the terms

and conditions, a joint inspection was conducted and the

inspecting team recommended the case of the petitioner's

institution for grant of NOC and consequential affiliation

by opposite party no.3. Needless to mention here that

such recommendation was made on 30.07.2022 knowing

fully well that by that time the notification dated

27.07.2022 had already seen the light of the day. May be

the letter dated 27.07.2022 is a policy decision of the

Government, but that if so facto cannot be applicable as

it has got prospective effect and such prospective effect // 28 //

also cannot stand on the way of the petitioner's

institution, as because knowing fully well the existence

of such notification the joint inspection committee had

recommended the case of the petitioner's institution for

grant of NOC and affiliation. Therefore, this Court, while

refraining from interfering with the notification dated

27.07.2022, observes that rejection of application of the

petitioner for grant of NOC and consequential affiliation

vide Annexure-10 dated 30.09.2022 cannot sustain in

the eye of law on the plea of issuance of notification

dated 27.07.2022. Therefore, the order dated 30.09.2022

under Annexure-10 is liable to be quashed and hereby

quashed.

18. As a consequence thereof, this Court directs

that opposite parties no.1 and 2 shall take necessary

steps for grant of NOC and consequentially opposite

party no.3 shall grant affiliation to the petitioner's

institution for opening of Post-Diploma in Industrial

Safety (PDIS) Course from the session 2022-23. The

entire exercise shall be done within a period of 15 // 29 //

(fifteen) days from the date of production/

communication of this judgment, so that the institution

cannot lose an academic year to admit the students to

prosecute their studies.

19. Thus, the writ petition is allowed. However,

there shall be no order as to costs.

(DR. B.R. SARANGI) JUDGE

B.P. SATAPATHY. I agree.

(B.P. SATAPATHY) JUDGE

Orissa High Court, Cuttack The 24th November, 2022, Arun/GDS