CAPITAL ACADEMY OF NURSING, KHORDHA vs STATE OF ODISHA

Court
Odisha High Court

Signature Not Verified


Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31445 of 2026

CNR No. ODHC010746332026

(An application under Articles 226 & 227 of the Constitution of India)

Capital Academy of Nursing,
Purana Padhan, Bhubaneswar,
Khordha
…. Petitioner
-versus-
State of Odisha and others …. Opposite Parties

Advocate(s) appeared in this case:-
For Petitioner : Mr. S.K. Sarangi, Senior Advocate

For Opposite Parties : Mr. S.N. Nayak, A.S.C.

Mr. R.C. Mohanty, Advocate
For O.P. Nos.2 & 3

Mr. B.S. Tripathy, Advocate
For O.P. No.4

CORAM: JUSTICE B.P. ROUTRAY
JUSTICE SAVITRI RATHO

JUDGMENT
th
16 October 2026
B.P. Routray, J.
1. Heard Mr. S.K. Sarangi, learned Senior Counsel for the
Petitioner, Mr. S.N. Nayak, learned Additional Standing Counsel for
the State-Opposite Party No.1, Mr. R.C. Mohanty, learned counsel for
the Opposite Parties 2 & 3 and Mr. B.S. Tripathy, learned counsel for
the Opposite Party No.4.
W.P.(C) No.31445 of 2026 Page 1 of 7

Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
2. Mr. Sarangi, learned Senior Counsel for the Petitioner does not
press his prayer in respect of Academic Year 2025-26 and he confines
his prayer in respect of Academic Year 2026-27 only. To this effect, a
memo is filed on behalf of the Petitioner in Court. The same is kept on
record.

3. The Petitioner–institution is imparting Post Basic B.Sc. & M.Sc.
Nursing course and it has approached this Court for a direction to
Opposite Parties 2 and 3 for grant of No Objection Certificate (NOC)
for conducting the Post Basic B.Sc. & M.Sc. Nursing course for the
current academic year in accordance with the prevailing statutes/ rules.

4. The background facts remain that the Petitioner–institution
was earlier granted renewal of NOC for conducting such course in
previous Academic years. But for the Academic Year 2025-26, it
was refused grant of renewal of NOC due to non-availability of valid
Fire Safety Certificate as reflected under Annexure-4 at Serial
Nos.26 & 27. According to the Petitioner, it has obtained valid Fire
Safety Certificate in December 2025 as per Annexure-7 and
therefore, there would not be any impediment to grant renewal of
NOC for the Academic Year 2026-27. However, due to such issue,
W.P.(C) No.31445 of 2026 Page 2 of 7

Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
the Petitioner could not apply for renewal of NOC in time for the
Academic Year 2026-27.
Earlier the last date for admission to Nursing course was fixed
th st
to 30 September 2026 and thereafter, it has been extended to 31
October 2026. In the meantime, some similarly situated institutions,
who could not apply for renewal of NOC in due time, approached
this Court in W.P.(C) No.7990 of 2026 and batch and this Court vide
th
order dated 13 August 2026 permitted those institutions to make
application for renewal of NOC with payment of extra amount of
Rs.50,000/- over and above the required fees. This Court had fixed
th
timeline up to 24 August 2026 for making the application by those
institutions as the last date. The relevant portion of the direction of
th
this Court dated 13 August 2026 is reproduced below:-
8. We make this order as a one-time measure. Accepting

the submission of Mr. Mohanty, learned counsel appearing
for the DMET, that other institutions similarly situated may
not take advantage of this order to approach the Court and
seek a similar order as fence-sitters, we made it clear that
hereafter, no further extension of time to apply for
renewal/grant of NOCs shall be granted on the ground of
equitable considerations.
XXX XXX XXX
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Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
10. We reiterate and highlight that this order is passed in
the context and facts of the present batch of cases, taking
into account the interest of students who are seeking
admission and the fact that the admission process is
th
continuing till 30 September, 2026. In any event, since we
are not deciding the matter on merits and on the question of
law, this order shall not have any precedential value.
11. The Petitioners are directed to apply to the
th
authority(ies) by 24 August, 2026, peremptorily, failing
which no further extension shall be granted in any manner
whatsoever. The authorities shall act upon production of the
website copy of this order. The Petitioners-Institutions are
also directed to file the hard copy along with scanned/soft
copies of all the documents before the authority(ies) by the
said date, along with the requisite fees/fine and extra
amount, as directed above, in the form and manner (e.g.
Demand Draft, IMPS, RTGS, NEFT, etc.) that is usually
accepted by the authority(ies).

5. It is submitted on behalf of the Petitioner that since the date of
st
admission into Nursing course has been now extended up to 31
October 2026, an extended opportunity may be granted to the
Petitioner as a last chance to make his application for renewal of the
NOC, in the light of the direction of this Court passed in earlier writ
petitions.

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Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
6. Mr. Mohanty, learned counsel appearing for Opposite Parties 2
th
and 3 submits on the contrary that the direction of this Court dated 13
August 2026 in earlier writ petitions was issued as a onetime measure
without the effect of precedence. He further submits that if, at this
stage present Petitioner is permitted to apply for renewal of NOC, other
similarly placed institutions may also come for similar reliefs.

7. It needs to be stated here that, an order passed by this Court in
similar matters cannot be ignored for issuance of similar directions on
the ground of parity. The Hon’ble Apex Court in State of Odisha vs.
th
Priyambada Pattanaik , SLP No.10598 of 2024, decided on 9
September 2024, have stated that, “Although in the aforesaid order, it
is stated that this order passed is in the peculiar facts and
circumstances, however, it shall not be treated as a precedent, but
since we find the same set of facts and circumstances arising out of the
same State, the Special Leave Petition is disposed of in the same terms
and conditions.”
It is true that present Petitioner did not approach this Court in
time as the other institutions applied earlier. However, in the
meantime, there was a change of fact due to extension of date of
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Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
admission into Nursing course and according to the Petitioner, the
institution has acquired necessary qualification by grant of valid Fire
th
Safety Certificate. Earlier the last date for admission was fixed to 30
st
September 2026 and it has been now extended to 31 October 2026,
thereby giving opportunity and time to apply for grant of renewal of
NOC afresh in respect of the left out institutions like present Petitioner.

8. In the circumstances of the present case and keeping in view the
th
earlier order of this Court dated 13 August 2026 issued in the
previous batch cases, we do not see any reason to deprive the Petitioner
of the same benefit granted in respect of similarly situated institutions.
Thus, as per the principles of parity, we are inclined to extend similar
benefit in favour of the Petitioner.

9. At this stage, it is important to keep in mind the timeline as the
st
last date of admission into Nursing course is fixed to 31 October
2026. Keeping the same in view, i.e. the timeline for admission into
Post Basic B.Sc. & M.Sc. Nursing course, we permit present Petitioner
to make his application either through e-Portal or physically, within a
th
period of two (2) days from today, i.e. on or before 17 October 2026
positively. We further highlight that the Petitioner is to deposit
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Signature Not Verified

Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:58:35
additional amount of Rs.60,000/- (Rupees sixty thousand only) over
and above the required fees as he did not justify any diligent attempt to
apply before the last date fixed for the purpose. The Petitioner has to
th
apply on or before 17 October 2026, peremptorily, failing which no
further extension shall be granted to him in any manner whatsoever.
Upon receipt of the application from the Petitioner, the authorities shall
act upon in accordance with law, and take a decision thereof as soon as
th
possible, preferably on or before 27 October 2026.

10. With aforesaid observations and directions, the writ petition is
disposed of.

(B.P. Routray)
Judge



(Savitri Ratho)
Judge




B.K. Barik/A.R.-cum-Senior Secretary

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