Balasore College of Nursing, Balasore v. State of Odisha

Orissa HC16 Sept 2025WP(C)/19586/2025

Case brief

AI extract

What is this about?

Balasore College of Nursing; No Objection Certificate; NOC; New NOC; nursing courses; academic session 2025-26; academic year 2025-26; deficiency compliance; fire safety certificate; Director, Medical Education & Training, Odisha; instruction dated 25.07.2025; memo by Opposite Party Nos. 2, 3 & 4; affidavit of compliance; assurance; W.P.(C) No.22239 of 2025; order dated 14th August 2025; discharge of assurance within 10 days; writ petition disposed of; High Court of Orissa at Cuttack; Manash Ranjan Pathak; Mruganka Sekhar Sahoo; 16.09.2025.

What did the court decide?

Writ petition disposed of in terms of the assurance given in the order dated 14th August, 2025 passed in W.P.(C) No.22239 of 2025; the assurance shall be discharged within ten (10) days reckoned from the date of this order. ¶¶26

Balasore College of Nursing, Balasore Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner-Institute's request for issuance of No Objection Certificate (New NOC) for the academic year 2025-26, left non-considered, ought to be given effect to in terms of the assurance/instruction of the authorities conditioned on compliance with pointed deficiencies including the fire safety certificate.

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Court's answer

The writ petition is disposed of in terms of the assurance given in the instruction dated 25.07.2025 read with the order dated 14th August, 2025 passed in W.P.(C) No.22239 of 2025, on the parties' agreement.

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Ratio / Principle

The assurance given in the order dated 14th August, 2025 passed in W.P.(C) No.22239 of 2025 shall be discharged within a period of ten (10) days reckoned from the date of this order.

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Key takeaways

The disposal rests on the consent of the parties that, in terms of the assurance given in the memo (instruction dated 25.07.2025 of the Director, Medical Education & Training, Odisha), the writ petition could be disposed of.ratio¶¶25

Detailed headnote1 paragraphs

Writ petition by Balasore College of Nursing, Balasore, aggrieved by non-consideration of its request for issuance of No Objection Certificate (New NOC) for nursing courses for academic year/session 2025-26. Opposite Party Nos. 2, 3 and 4 filed a memo enclosing instruction dated 25.07.2025 of the Director, Medical Education & Training, Odisha, recording that a nursing institute shall be favourably considered for New NOC for the academic session 2025-26 if the deficiencies pointed out, including the fire safety certificate and other deficiencies, are complied with. The petitioner filed an affidavit stating that the deficiencies had been rectified. On the parties' agreement, the High Court of Orissa (Manash Ranjan Pathak and Mruganka Sekhar Sahoo, JJ.) disposed of the writ petition in terms of the assurance given in the order dated 14th August, 2025 passed in W.P.(C) No.22239 of 2025, directing that the assurance shall be discharged within ten (10) days reckoned from 16.09.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.19586 of 2025

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Balasore College of Nursing, Balasore …. Petitioner

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Represented by Adv.– Mr. Lalatendu Samantaray, Advocate along with Mr. Parsuram Das, Advocate

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-Versus-

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State of Odisha & Others …. Opposite Parties

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Represented by Adv.– Mr. Prem Ku. Mohanty, ASC (for opposite party No.1), Mr. R.C. Mohanty, Advocate along with Mr. K.C. Swain, Advocate, (for opposite party Nos.2, 3 & 4)

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CORAM:

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND

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HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

Order No.

16.09.2025

(Hybrid mode)

01.

1 . Affidavit has been filed on behalf of the petitioner in Court today after serving copy thereof. It is stated by the learned counsel for the petitioner regarding compliance of the deficiencies pointed by the authority, the petitioner-Institution has rectified the deficiencies, and the affidavit is filed stating the said compliance.

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2 . Heard learned counsel for the parties.

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3 . The essential grievance of the Petitioner-Institute is regarding non-consideration of the request for issuance of No Objection Certificate for the academic year 2025-26.

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4 . After service of notice, the answering Opposite Party Nos.2, 3 and 4 having entered appearance through their counsel

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Page 1 of 2

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have filed a memo along with the copy of instruction dated 25.07.2025, which was issued by the Director, Medical Education & Training, Odisha which reads as under: -

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“With reference to the subject cited above, as per the telephonic conversation I am to submit necessary instruction with respect to the W.P.(C) matters related to New NOC for opening of different nursing courses for the academic session 2025-26 as under

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1. The nursing institute shall be favourably considered for New NOC for opening of different nursing courses for the academic session 2025-26 if the deficiencies are complied with, which has been pointed out along with the fire safety certificate and other deficiencies.

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This is for information and necessary action.”

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5 . The memo was shown to the learned Advocate appearing for the Institution and as the order dated 14^th August, 2025 passed in W.P.(C) No.22239 of 2025, they agree that in terms of the assurance given in the subject memo, their writ petition can be disposed of.

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6 . In the above circumstances, the writ petition is disposed of. The assurance given in the order dated 14^th August, 2025 passed in W.P.(C) No.22239 of 2025, shall be discharged within a period of ten (10) days reckoned from this day.

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(Manash Ranjan Pathak)

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Judge

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Signature Not Verified

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(Mruganka Sekhar Sahoo)

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 17-Sep-2025 10:39:33 Narayan/Ranjeeta

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Judge.