Bharati Educational Charitable Trust, Boudh Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bharati Educational Charitable Trust, Boudh Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the assurance in the memo/letter dated 25.07.2025 of opposite party No.3-authority; the authority to discharge the assurance (consideration of the petitioner's compliance for New NOC for GNM, ANM and B.Sc. Nursing, intake 60, session 2025-26, upon production of completion certificate, fire safety certificate etc.) within ten days; urgent certified copy as per rules.

Issue for consideration

Whether the petitioner-Institution's compliance of the deficiencies pointed out should be considered for grant of No Objection Certificate (NOC) to open General Nursing and Midwifery (GNM), Anti Natal Maternity Care (ANM) and B.Sc. Nursing courses with intake capacity of 60 students for the academic year 2025-26. +1 more

Ratio / Principle

With the agreement of counsel for the Institution, the Court disposed of the writ petition in terms of the assurance given in the memo/letter dated 25.07.2025 of opposite party No.3-authority (favourable consideration of New NOC for the academic session 2025-26 if deficiencies, including fire safety certificate, are complied with).

Key takeaways

The assurance given in the memo is to be discharged within a period of ten days.ratio¶23
The authority shall act upon the production of the website copy of the order.ratio¶25

Detailed headnote1 paragraphs

Writ Petition (Civil) — Bharati Educational Charitable Trust, Boudh sought consideration of its compliance of deficiencies for grant of No Objection Certificate (NOC) to open GNM, ANM and B.Sc. Nursing courses with intake capacity of 60 students for academic year 2025-26. Counsel for opposite parties No.2 and 3 placed on record a memo with letter dated 25.07.2025 of opposite party No.3-authority assuring that the nursing institute shall be favourably considered for New NOC for the academic session 2025-26 if the deficiencies, including the fire safety certificate, are complied with. Counsel for the Institution agreed to disposal on that basis. Held: writ petition disposed of; the assurance in the memo to be discharged within ten days; authority to act upon production of the website copy of the order; urgent certified copy as per rules. Bench: Manash Ranjan Pathak and Mruganka Sekhar Sahoo, JJ.; order dated 01.09.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23465 of 2025

Bharati Educational Charitable …. Petitioner Trust, Boudh

Represented by Adv.– Mr. Laxmikanta Mohanty, Advocate

-Versus-

State of Odisha & Others …. Opposite Parties

Represented by Adv.– Mr. Prem Ku. Mohanty, ASC (for opposite party No.1), Mr. R.C. Mohanty, Advocate (for opposite parties No.2 & 3)

CORAM:

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND

HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO ORDER

Order No.

01.09.2025

(Hybrid mode)

01.

1. It is submitted that petitioner-Institution raises grievance of limited nature i.e. to the extent of compliance of the petitionerInstitution for grant of No Objection Certificate (NOC) to open General Nursing and Midwifery (GNM), Anti Natal Maternity Care (ANM) and B.Sc. Nursing with intake capacity of 60 students for the academic year, 2025-26 is to be considered by the authority.

It is submitted by Mr. L.K. Mohanty, learned counsel for the petitioner-Institution that deficiencies as pointed by the Inspectors of the authority have been complied with, but there was a short delay of one (01) day in reporting such compliance.

2. In response to the above submissions, learned counsel Mr. R.C. Mohanty for the opposite parties No.2 and 3 submits that if the petitioner-Institution has complied with / complies with the deficiencies pointed out as at Annexure-4 by office communication

Page 1 of 2

dated 04.06.2025 at Sl. No.58, the authority shall consider the said compliance(s) for which the petitioner-Institution has to produce the details such as completion certificate and fire safety certificate etc.

3. Mr. R.C. Mohanty, learned counsel produces the letter dated 25.07.2025 from the opposite party No.3-authority, the contents of the said letter as relevant for adjudication of the present petition is reproduced herein:-

“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.” The memo along with letter dated 25.07.2025 is taken on

record.

4. The memo was shown to the learned Advocate appearing for the Institution and he agrees that in terms of the assurance given in the subject memo, the writ petition can be disposed of.

5. In the above circumstances, the writ petition disposed of. The assurance given in the memo shall be discharged within a period of ten days reckoned from this delay.

Accordingly, the writ petition is disposed of.

The authority shall act upon the production of the website copy of the order.

Issue urgent certified copy as per rules.

(Manash Ranjan Pathak)

Judge

Signature Not Verified

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 01-Sep-2025 19:48:55 Narayan/Ranjeeta

(Mruganka Sekhar Sahoo)

Judge.

Page 2 of 2