[Cites 2, Cited by 0]
Orissa High Court
Barsharani Sahoo And Another vs State Of Odisha & Others .... Opposite ... on 24 December, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) NOs.28941, 20464, 29627, 7041 & 5959 OF 2025
Applications under Articles 226 and 227 of the Constitution of
India
W.P. (C) No.28941 of 2025
Barsharani Sahoo and another .... Petitioners
-Versus-
State of Odisha & others .... Opposite Parties
Advocates appeared in this case:
For Petitioners: Mr. Srinibash Satapathy, Advocate
For Opp. Parties: Mr. P.K. Mohanty, ASC
(for O.P. No.1)
Mr. R.C. Mohanty along with Mr. K.C.
Swain and Mr. S.S. Sahoo, Advocates
(for O.P. Nos.2 to 4)
Mr. P.K. Parhi, DSGI along with
Mr. S.K. Samantaray, CGC
(for O.P. No.5)
Mr. A.P. Bose, Advocate
(for O.P. No.6)
W.P. (C) NO.20464 OF 2025
Manisha Prusty and others .... Petitioners
-Versus-
State of Odisha & others .... Opposite Parties
Page 1 of 15
Advocates appeared in this case:
For Petitioners: Mr. D. P. Nanda, Senior Advocate along
with Mr. Subhankar Rout, Advocate
For Opp. Parties: Mr. Debaraj Mohanty, AGA
(for O.P. No.1)
Mr. R.C. Mohanty along with Mr. K.C.
Swain and Mr. S.S. Sahoo, Advocates
(for O.P. Nos.2 & 3)
Mr. Bijaya Kumar Ragada, Advocate
(for O.P. No.4)
Mr. Ajay Kumar Roy, Sr. Panel
Counsel (for O.P. No.5)
W.P. (C) NO.29627 OF 2025
Shrabani Parida and others .... Petitioners
-Versus-
State of Odisha & others .... Opposite Parties
Advocates appeared in this case:
For Petitioners: Mr. D. P. Nanda, Senior Advocate along
with Mr. Subhankar Rout, Advocate
For Opp. Parties: Mr. Debaraj Mohanty, AGA
(for O.P. No.1)
Mr. R.C. Mohanty along with Mr. K.C.
Swain and Mr. S.S. Sahoo, Advocates
(for O.P. Nos.2 & 3)
Mr. Bijaya Kumar Ragada, Advocate
(for O.P. No.4)
W.P.(C) No.28941 of 2025 and batch Page 2 of 15
Mr. Ajay Kumar Roy, Sr. Panel
Counsel (for O.P. No.5)
W.P. (C) NO.7041 OF 2025
Rashmirekha Mandal and others .... Petitioners
-Versus-
State of Odisha & others .... Opposite Parties
Advocates appeared in this case:
For Petitioners: Mr. D. P. Nanda, Senior Advocate along
with Mr. Subhankar Rout, Advocate
For Opp. Parties: Mr. Debaraj Mohanty, AGA
(for O.P. No.1)
Mr. R.C. Mohanty along with Mr. K.C.
Swain and Mr. S.S. Sahoo, Advocates
(for O.P. Nos.2 & 3)
Mr. Bijaya Kumar Ragada, Advocate
(for O.P. No.4)
Mr. Ajay Kumar Roy, Sr. Panel
Counsel (for O.P. No.5)
W.P. (C) NO.5959 OF 2025
Ankita Priyadarshani Sahani .... Petitioner
-Versus-
State of Odisha & others .... Opposite Parties
Advocates appeared in this case:
For Petitioner : Mr. Srinibash Satapathy, Advocate
W.P.(C) No.28941 of 2025 and batch Page 3 of 15
For Opp. Parties: Mr. Subha Bikash Panda, AGA
(for O.P. No.1)
Mr. R.C. Mohanty along with Mr. K.C.
Swain and Mr. S.S. Sahoo, Advocates
(for O.P. Nos.2 to 4)
Mr. R.K. Mahapatra, Sr. Panel
Counsel on behalf of Mr. A.K. Roy,
Sr. Panel Counsel (for O.P. No.5)
CORAM:
THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
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Dates of hearing: 24.11.2025 & 25.11.2025;
26.11.2025: W.P. (C) No.5959 of 2025
Date of judgment: 24.12.2025
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PER MRUGANKA SEKHAR SAHOO, J.
1. We have heard learned counsel appearing for the
petitioners in all the writ applications at length.
2. As far as the facts are concerned they are identical and
we sum up: advertisement was for centralized counselling and
admission to BSc. Nursing, issued by the Directorate of
Medical Education & Training, Odisha-opposite party no.2 on
18.05.2024; the last date of the admission was 30.11.2024.
3. Socially and Educationally Backward Classes (SEBC)
candidates approached this Court seeking relaxation in the
qualifying mark obtained in the common entrance
examination, counselling being done by the Nursing
Counseling and Admission Committee (O.P.No.2). A coordinate
Bench by judgment dated 26.11.2024 in W.P. (C) No.25371 of
2024 allowed the applications. It is noticeable from the said
judgment that the last date for admission to the course B.Sc.
Nursing and the last date of application seeking admission
were not extended. As directed in the said judgment dated
26.11.2024, the opposite party no.2 made advertisement in
the official website and the admission closed by the last date
as prescribed by judicial pronouncements and also in the
advertisement. The last date was earlier extended from 31st
October, 2024 to 30th November, 2024.
4. The students who are the petitioners in the present
batch of writ applications concededly were not applicants
pursuant to the advertisement dated 18.05.2024 for
admission. Some of the candidate-students approached this
Court by filing W.P. (C) No.1993 of 2025 filed on 17.01.2025
which was disposed of by common order dated 19.03.2025 as
sought for by the petitioners i.e. the representation of the
students to be disposed of by the authority. The
'representations were made' seeking admission for the year
2024-25, the last date being 30.11.2024. After rejection of the
representation(s) the petitioners are again before this Court by
filing the present writ application (s).
5. Petitioners seek direction to be granted the benefit of the
judgment dated 24.11.2024 passed in W.P.(C) No.25371 of
2024 by the coordinate Bench, the directions being as
indicated herein:
"9. Upon reading of the aforesaid statutory provisions,
we are of the view that the SEBCs in the State of
Odisha are entitled to such relaxation as is to be
provided to OBCs in the guidelines issued by the
Indian Nursing Council.
10. This writ application is accordingly disposed of
with a direction to the DMET to consider the
candidature of these petitioners as OBC candidates for
the purpose of fresh admission to B.Sc. Nursing Course,
if they furnish relevant certificates in that regard."
6. To comply with the direction contained in the judgment
dated 24.11.2024 passed in W.P.(C) No.25371 of 2024 the
Director, Medical Education and Training being the Chairman
State Nursing Selection Committee had issued notification
dated 27.11.2024 which notified thus:
"OFFICE OF THE CHAIRMAN-STATE NURSING
SELECTION COMMITTEE, ODISHA
[email protected]
*******
No.907/SNSC-03/2024 BBSR, Dt.27.11.2024
NOTICE
In obedience to Order No.5 dated 26.11.2024 passed by
Hon'ble Orissa High Court, Cuttack in W.P.(C) No.25371
of 2024, in partial modification of the Notice No.726/
dated 01.08.2024 it is for the general information that
the candidates who appeared in the entrance
examination for admission to the Basic B.Sc. Nursing
Course for the academic session 2024-25 and belong to
the OBC/SEBC (except creamy layer) category, but
applied under the General category and obtained the
mark from 40th percentile to 50th percentile are declared
as qualified in relaxation as per the terms and
conditions prescribed by the INC Guideline. Such
candidates can take admission into Basic B.Sc. Nursing
course subject to production/submission of the required
Caste Certificates to the mail id
[email protected] on or before 29.11.2024
by 11:59 P.M.
This is the information for all concerned.
Sd/-
Jt. DMET, Odisha,
Convener, SNSC"
7. In the earlier writ petition, W.P.(C) No.25371 of 2024, the
petitioners therein had approached the Admission Committee
seeking benefit as a candidate belonging to either SEBC as per
the notification of Government of Odisha dated 22.08.1996 or
belonging to the category 'Other Backward Classes' as notified
by Government of India, Ministry of Social Justice and
Empowerment Resolution No.12015/13/2010-BC-II dated
08.12.2011.
8. Counter affidavit filed in W.P.(C) No.20464 of 2025 on
behalf of the Nursing Selection Committee is adopted by the
opposite party nos.2 and 3 in all the matters. Since the
petitioners do admit that they never had applied for admission
by the last date, i.e., 29.11.2024. Response of the Selection
Committee is in the context of the fact that whether the
admissions taken after the last date claiming the benefit
granted to the SEBC/OBC candidates directed by this Court,
i.e., reduction of qualifying marks to 40th percentile, can be
regularized by the admission/counseling authority.
9. In all the cases, it is submitted by the opposite parties
that whichever petitioner(s) had applied, they had applied
under 'General Category' requiring them to secure 50th
percentile in the qualifying examination. It is also disclosed
that by 29.11.2024 pursuant to the order dated 24.11.2024
passed in W.P.(C) No.25371 of 2024 by the coordinate Bench,
268 candidates applied and got admission having secured 40th
percentile or more marks in the qualifying examination.
10. Relying on the stand taken in the counter affidavit it is
submitted by Mr. R.C.Mohanty for the O.P.-counselling
authority that even production of hard copies of documents
furnished by the students who have taken admission was
allowed which none of the colleges did. He relies on
paragraphs 18 & 19 of the counter affidavit in W.P.(C) No.
20464 of 2025. The said paragraphs are reproduced herein:
"18. That, in obedience to the aforesaid direction the
petitioner grievances were taken care of. As the name
of the Institution in which they are claiming taking of
admission was not disclosed, scrutinization of all the
uploaded student datas by all the Private Institutions
was made and nowhere the name of the petitioners
were found place showing their admission into a
particular Institution and after exercise of steps taken
by the authorities, they are intimated the order of
rejection of their admission which was issued on
dtd.10.04.2025 (Annexure-12 of the Writ Petition).(sic)
19. That, it is pertinent to mention here that as per
letter no.908 dtd.28.11.2024 Annexure-10 of the Writ
Petition it is stated therein "further w.e.f.01.12.2024 to
31.12.2024, the online uploading process of admitted
student details in the management quota are to be
completed by the concerned institutions. However it is
observed that some of the institutions are not being
able to upload the student list due to obvious reasons.
In order to resolve the problems, the institutions who
are not being able to upload the student data within 15
days i.e., on or before 15.12.2024 can produce the
hard copies of the documents with a forwarding letter
along with a list of the candidates personally or
through speed post/courier/Reg. post etc. be reached
on or before 31.12.2024 by 5.00 P.M. positively.
Besides that, technical support can provided for
uploading the data by the undersigned beyond
15.12.2024 (i.e. w.e.f.16.12.2024) to till 31.12.2024, if
required by the respective institution on personal
contact". But the fact remains the Institution Maa Tarini
College of Nursing did not submit its students data in
pursuant to the aforesaid notification. Rather the
purported document as under Annexure-14 of the Writ
Petition was created showing as the same was
submitted before the authority. No letter has been
received from the above said Institution regarding not
uploading the student details within the stipulated
time." (sic)
11. Referring to the case of students who claim to have
taken admission Maa Tarini College of Nursing students in
W.P.(C) No. 20464 of 2025, it is stated in the counter filed by
the Nursing Counselling Authority that there is only one
student who had taken admission in the management quota
and the institution-Maa Tarini College of Nursing had not
submitted its student data as required and notified.
12. Since similar applications are taken up together, the
learned counsel Mr. R.C.Mohanty submits that by and large
none of the colleges have submitted any student data for
which there cannot be any further consideration by the
authority in absence of production of data of admission of
students by the last date notified. It is submitted and we also
find force in the submission, that the authority cannot extend
the last date of admission of students without there being any
such statutory provision or directions of the Court.
13. The principal ground urged in favour of the petitioners
before this Court is that by the advertisement dated
27.11.2024 after the judgment dated 26.11.2024 the students
did not get sufficient time to apply by the last date:
30.11.2024.
In our considered view, the said submission being devoid
of merit has to be rejected, as we would elaborate hereinafter.
By the judgment dated 26.11.2024, the Coordinate Bench had
not granted any further extension of time. As a necessary
corollary the authority could not have extended the time. By
filing counter in the connected writ application W.P. (C)
No.20464 of 2024 the authorities have brought to the notice of
this Court that pursuant to the advertisement made online on
27.11.2024, 283 (two hundred eighty three) SEBC/OBC
candidates have taken admission before the last date i.e.
30.11.2024.
14. As on date, the judgment dated 26.11.2024 has attained
finality not having been challenged by any of the parties. We
being the coordinate Bench we agree with the conclusions in
the said judgment.
15. The guidelines issued by the Indian Nursing Council in
exercise of the power under Section 16 of the Indian Nursing
Council (INC) Act, 1947 gives the benefit of relaxation of
marks, i.e., 40th percentile (instead of the requirement of 50th
percentile) for candidates who belong to the SEBC/OBC
category. The common cause advanced by all the petitioners is
that given a chance they could have applied seeking
admission to the course of B.Sc. Nursing and similar other
courses.
16. We also find from the pleadings of the parties that none
of the petitioners had approached this Court seeking
extension of time to fill up admission form nor there was any
interim order in any of the petitions to that effect.
17. Learned senior advocate Mr. D.P. Nanda appearing with
Mr. S. Rout, learned counsel in some of the petitions relies on
the notification under Annexure-16 to the Writ Petition
No.20464 of 2025 i.e. notification dt.28.10.2024 issued by the
Indian Nursing Council- O.P. No.5 and relies on part thereof
which is extracted herein:
Sub : Extension of last date of Admission for the all
Nursing Programs for Academic Year 2024-25-reg.
In continuation to earlier notification no.11 of
2024 dated 20.09.2024, Indian Nursing Council has
considered the request from the States with respect to
extension of last date of admission for all nursing
programs ie. ANM, GNM,B.Sc.(N),PBB. Sc.(N), M. Sc.(N),
Post Basic Diploma and NPCC for the Academic Year
2024-25 till 30th November,2024.
The total number of students admitted upto 31st
October, 2024 (regular batch) and 30th Nov 2024
(irregular batch) should add up to the sanctioned
strength and shall not exceed the Annual intake. ...
..."
It is contended by the learned Senior Advocate that the
students who had missed the admission by the last date,
may derive benefit of the said notification dated 28.10.2024
dealing with 'irregular batch' of students.
18. Now we deal with the contention raised by Mr. Nanda.
In our considered opinion, the students who have taken
admission after the notified last date i.e. 29.11.2024 cannot
take advantage of the said notification as the notification itself
makes it clear that the 'regular batch' would be students
admitted upto 31st October, 2024 and the irregular batch
would be students admitted after 31.10.2024 upto 30th
November, 2024.
The notification has to be read in the context that the
students who had applied through the counselling process
after the last date of admission was extended till 30th
November, 2024, can take the benefit but the said notification
dated 28.10.2024 cannot be interpreted to hold that the
students who did not apply and had not taken admission upto
extended last date 30th November, 2024 can get the benefit.
19. In all the cases before us, the facts are stark and
conspicuous. The petitioners never had applied for seeking
admission to B.Sc. Nursing before 30th November, 2024 as per
the data available with the counselling authority. The colleges
those had 'given admission' to the students, as claimed, are
not before us. The students-petitioners for the reasons best
known to them, have not arrayed any of their colleges as party
for this, Court to delve into the issue regarding date of
admission.
20. The counselling authority, in very clear terms have filed
counter stating that the student data furnished by the colleges
do not indicate the colleges having admitted any of the
petitioner-students by 30.11.2024 i.e., the last date as notified
by Indian Nursing Council.
21. Some of the students have been candid enough to
disclose before the Court that their admission is after the last
date, 30.11.2024 as they were not aware of the judgment of
this Court by the coordinate Bench in W.P.(C) No. 20464 of
2025. For example in W.P.(C) No.28941 of 2025, the petitioner
has stated the date of admission to be 06.12.2024.
22. In none of the cases, it is contended by the petitioners
that they had applied to the Selection Committee for taking
admission to the course in B.Sc. Nursing as a SEBC/OBC
candidate. Common ground that is taken in all the writ
applications is that the petitioners were not aware of the
advertisement dated 27.11.2024. It is not asserted by the
petitioners that they had sought for admission to B.Sc.
Nursing seeking benefit meant for OBC/SEBC candidates. The
petitioners had not approached this Court like the petitioners
in W.P.(C) No.25371 of 2024 as they are recognized as Socially
& Educationally Backward Classes (SEBC) under the
Government of Odisha Notification M-23/93 dated 22.08.1996
(W) that was published in the Gazette of Odisha.
23. The issue before us can be looked from another angle.
As we were hearing the matter, we had pointedly asked the
learned counsel for the petitioner-student-candidates that if at
all, any of them had sought for to get impleaded in the
disposed of writ application, W.P.(C) No. 20464 of 2024, the
answer is a candid 'No'.
24. In our considered view, the decision rendered by the
coordinate Bench not granting any further extension of the
date of admission, has attained finality. Somehow the
students have kept on filing writ applications. This Court does
not have the power to extend the last date of application after
it is notified by the statutory authority i.e., INC in this case.
25. There is a possibility that the students want to take
admission by getting the benefit of relaxation of marks made
for SEBC/OBC candidates in the year 2025-26. However that
would depend on, they applying for the same and getting
through the cutoff mark, if they are found eligible as per the
cutoff mark of SEBC/OBC candidates to take admission. But
in no case the said admissions can be beyond the last date
mandated by the Indian Nursing Council i.e. 30.11.2025 for
the academic session 2025-26.
26. We have also asked the learned counsel for the party-
students as well as the counselling authority whether they
can take admission as students for the educational year 2025-
2026. In response the answer on behalf of the petitioners is
that they have not applied for the selection/counselling
conducted for the academic year 2025-26.
Therefore, there is no scope for this Court to consider,
exhypothesi, whether the students can take admission as
candidates for academic 2025-26.
27. In view of the above discussions, we hold that the writ
applications are devoid of any merit. Accordingly, the writ
applications are dismissed.
Manash Ranjan Pathak
Judge
Mruganka Sekhar Sahoo
Judge
Orissa High Court, Cuttack
Signature NotThe
Verified
24th December, 2025/jyostna/dutta/Gs
Digitally Signed
Signed by: GAGAN BIHARI SAMAL
Reason: Authentication
Location: ohc
Date: 25-Dec-2025 13:13:53
