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Gkf Nursing Institute vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 9037 Ori

Citation : 2025 Latest Caselaw 9037 Ori
Judgement Date : 14 October, 2025

Orissa High Court

Gkf Nursing Institute vs State Of Odisha And Others .... Opposite ... on 14 October, 2025

Author: Murahari Sri Raman
Bench: Murahari Sri Raman
                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.39868 of 2023
            GKF Nursing Institute                  ....             Petitioner
                                                                        None
                                        -versus-
            State of Odisha and others           ....     Opposite Parties
                            Mr. Saswat Das, AGA for Opposite Party No.1
                                  Mr. R.C. Mohanty, Advocate for DMET-
                                                Opposite Party Nos.2 to 4
                                Mr. P.K. Parhi, DSGI along with Mr. D.R.
                                     Bhokta, CGC for Opposite Party No.5

                              CORAM:
                  THE HON'BLE THE CHIEF JUSTICE
                                 AND
            THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                              ORDER

Order No. 14.10.2025

1. This Interlocutory Application has been filed by the opposite party nos.2 to 4 seeking appropriate order to allow the Institutions, whose cases are not considered due to non- compliance of the deficiencies as per order dated 6 th August, 2025, for renewal of NOCs for the Academic Session 2025-26 in view of Notification No.10 of 2025, dated 17th September, 2025.

2. By way of this application, the Director of Medical Education and Training seeks leave of this Court in the light of this Court's judgment dated 14th May, 2024 passed in W.P.(C) No.39868 of 2023 and batch and order dated 28 th June, 2024 passed in I.A. No.7799 of 2024 arising out of said writ petition.

3. The necessity of filing this application arose because some of the nursing colleges were not in a position to meet the requisite prescriptions by the Indian Nursing Council within the cut-off date as per the timeline given in Notification dated 22.10.2019. It is impressed upon that 30.09.2025 was fixed by the Indian Nursing Council as the last date for admission into ANM/GNM/Basic B.Sc./Post B.Sc./M.Sc./Post Basic Diploma Nursing Course for academic session: 2025-26. But due to delay in receipt of NOC of the institutions the admission process could not be completed within the said stipulated period. To cater to the need of the situation, the Director of Medical Education and Training-cum-Chairman, SNMC issued Letter dated 12.09.2025 to Secretary, Indian Nursing Council suggesting for extension of time for admission of candidates into said courses.

4. Learned counsel appearing for opposite party nos.2 to 4- DMET drew attention of this Court to the Notification No.10 of 2025, dated 17th September, 2025, which reads as under:

"In continuation to earlier notification no.1 of 2025 & 2 of 2025, Indian Nursing Council has extended the last date of admission to nursing programs i.e. ANM, GNM, B.Sc. (N), PBB.Sc.(N), M.Sc.(N), Ph.D(N), Post Basic Diploma and Nurse Practitioner programs from 30th September, 2025 to 31st October, 2025."

Please note that NO further extension will be granted. This issues with approval from the competent authority."

5. In W.P.(C) No.39868 of 2023 and a batch of cases vide Judgment dated 14.05.2024, inter alia, the following were the 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."

6. By the aforesaid order it was directed to 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.

7. The present petition is filed seeking extension of time in view of Notification dated 17.09.2025 issued by the Indian Nursing Council extending the last date of admission to nursing programs as referred to above from 30th September, 2025 to 31st October, 2025 for the academic session: 2025-26.

8. Considered the submissions made by Sri Rajani Chandra Mohanty, learned counsel for the DMET, Odisha and in view of the fact that the extension of last date for admission for academic session: 2025-26 having been allowed vide Notification dated 17th September, 2025 by the Indian Nursing Council, this Court allows this interlocutory application in the interest of justice.

8.1. Accordingly, granting the prayer made in interlocutory application this Court directs the DMET to consider renewal of NOC for the academic session: 2025-26 within a period of seven days hence with respect to those institutions whose cases have yet not been considered due to non-compliance of the

deficiencies as per order dated 06.08.2025. It is, however, observed that the DMET shall be under obligation to put the necessary information on its website so that all institutions interested in renewal of NOCs may act accordingly.

9. Accordingly, the I.A. stands disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Oct-2025 10:34:43

 
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