Orissa High Court
Gkf Nursing Institute vs State Of Odisha And Others .... Opposite ... on 28 June, 2024
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 39868 of 2023
GKF Nursing Institute, Khurda .... Petitioner
Ms. Pami Rath, Senior Advocate
-versus-
State of Odisha and Others .... Opposite Parties
Mr. M.K. Khuntia, Addl. Govt. Advocate (State)
Mr. R.C. Mohanty, Advocate (DMET)
Mr. D.R. Bhokta, CGC (INC)
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 28.06.2024
I.A. No.7799 of 2024
09. This matter is taken up through Hybrid mode.
2. W.P.(C) No.39868 of 2023 and a batch of cases were disposed
of on 14.05.2024, inter alia, with the following directions:-
"26. However, while rejecting the reliefs sought
for in the present batch of writ petitions, we deem
it just and proper to issue following directions in
the interest of justice and to avoid recurrence of
such situation, as has arisen in the present batch of
cases in future, because of non-adherence to the
calendar prescribed by the Health and Family
Welfare Department, Government of Odisha: -
(i) All concerned shall, without any exception,
adhere to date/time schedule prescribed by the
Government of Odisha in the Health and Family
Welfare Department vide Letter No.26601 dated
22.10.2019; for issuance of NOC and grant of
recognition.
(ii) There shall be no departure, in any case, from
the said time schedule without the leave of this
Court. Any departure from time schedule shall be
viewed seriously by this Court.
(iii) Unless otherwise provided by the INC, no
admissions shall be given by any nursing
institution in the courses without merit-based
CEE. (iv) No admission shall be given to any
student in a nursing institution after the cut-off
date for admission, as may be prescribed by the
INC.
27. While parting with the present judgment, we
deem it apposite to notice, which is apparent from
the records, that admissions have been allowed in
B.Sc (N) courses even after the expiry of cut-off
date. We express our serious concern over this
happening. For the present, however, we are not
expressing any opinion, in the present proceeding,
about the consequences of such admissions, if that
have been given breaching the INC guidelines."
3. The Court, by the aforesaid order, had directed all concerned to
adhere to the dates/ schedule as prescribed by the Government of
Odisha in the Health and Welfare Department vide letter No.26601
dated 22.10.2019. It has also been directed that there shall not be any
departure from the same schedule without the leave of this Court.
4. The present application has been filed by the opposite party
No.2-DMET seeking leave of this Court, because of a circumstance
that was not brought to this Court's notice. It has been stated that by
the time the judgment was delivered, the process for granting of No
Objection Certificate (NOC) for the academic session 2024-25 had
already started and the revised calendar was issued on 20.10.2023.
The revised schedule from the date of floating of the advertisement
till the issue of the provisional recognition by the Council vide letter
dated 20.10.2023 is as under:
"Revised Calendar of events for issue of NOC for the academic
session 2024-25.
(For various courses of Nursing, Pharmacy, DMLT, DMRT,
Physiotherapy, Occupational Therapy & Allied Medical Science)
Sl.No. Event Date and Time for application
for New NOC / Renewal of
NOC/Renewal of recognition/
Final recognition
1. Floating of advertisement by 9th September, 2023
DMET
2. Last date of receipt of application 5.00 P.M. of 30th November
3. Conveying Final Decision of 5.00 P.M. of 30th June 2024.
Approval/Disapproval
4. Issue of NOC by concerned 5.00 P.M. of 15th July 2024
council
5. Issue of Provisional recognition by 5.00 P.M. of 14th August 2024.
Council
Sd/-
DMET, Odisha"
The said revised schedule was not brought to the Court's notice
before the judgment was delivered in this case.
5. Mr. R.C. Mohanty, learned counsel representing opposite party
No.2-DMET, Odisha has submitted that the time schedule as noted in
this Court's judgment dated 14.05.2024 may be varied in terms of the
subsequent revised calendar for the issue of NOC for the academic
session 2024-25 as per the letter dated 20.10.2023.
6. Considering the facts and circumstances, this application is
allowed and disposed of. The DMET, Odisha is permitted to follow the
time and date schedule as fixed in the aforesaid letter dated 20.10.2023.
(Chakradhari Sharan Singh)
Chief Justice
(M.S. Raman)
Judge
SK Jena/Secy.
Location: High Court of Orissa, Cuttack.
