THE AIGIRI COLLEGE OF MEDICAL SCIENCE, BHUBANESWAR, 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 21:02:45
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34503 of 2026
CNR No. ODHC010820722026
(An application under Articles 226 & 227 of the Constitution of India)
The AIGIRI College of Medical
Science, Kalinga Vihar,
Bhubaneswar, Khordha
…. Petitioner
-versus-
The State of Odisha and others …. Opposite Parties
Advocate(s) appeared in this case:-
For Petitioner : Mr. G.P. Jena, Advocate
For Opposite Parties : Mr. S.N. Nayak, A.S.C.
Mr. R.C. Mohanty, Advocate
For O.P. Nos.2 & 3
CORAM: JUSTICE B.P. ROUTRAY
JUSTICE SAVITRI RATHO
JUDGMENT
th
16 October 2026
B.P. Routray, J.
1. Heard Mr. G.P. Jena, learned 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.
W.P.(C) No.34503 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 21:02:45
2. The matter is listed on board as per the additional list and
considering the urgency involved, it is taken up for final disposal as
requested by all parties.
3. The Petitioner–institution is seeking to impart Under Graduate
Allied Health Care course, i.e., Diploma in Medical Laboratory
Technology (DMLT) and it has approached this Court for a direction to
Opposite Parties 2 and 3 for grant of No Objection Certificate (NOC)
for conducting DMLT course for the current Academic year in
accordance with prevailing statutes/rules.
4. The background facts remain that the Petitioner–institution
after qualifying itself for imparting the course could not apply in
time for the present Academic year for grant of NOC due to some
difficulty on its part.
Earlier the last date for admission to Allied Healthcare course
th
was fixed to 30 September 2026 and thereafter, it has been extended
st
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
W.P.(C) No.34503 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 21:02:45
th
this Court vide 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
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Court had fixed timeline up to 24 August 2026 for making the
application by those institutions as the last date. The relevant portion
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of the direction of 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
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
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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
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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 21:02:45
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 DMLT 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 grant of new
NOC, in the light of direction of this Court passed in earlier writ
petitions.
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 fresh NOC, other
similarly placed institutions may also come for similar reliefs.
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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 21:02:45
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
admission into DMLT 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 fresh NOC
afresh in respect of the left out institutions like present Petitioner.
W.P.(C) No.34503 of 2026 Page 5 of 7
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 21:02:45
8. In the circumstances of the present case and keeping in view the
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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 Allied Healthcare course is fixed to 31
October 2026. Keeping the same in view, i.e. the timeline for
admission into DMLT course, we permit present Petitioner to make his
application either through e-Portal or physically, by tomorrow, i.e. on
th
or before 17 October 2026 positively. We further highlight that the
Petitioner is to deposit 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.
th
The Petitioner has to 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,
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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 21:02:45
and take a decision thereof as soon as possible, preferably on or before
th
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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