DRIEMS UNIVERSITY, TANGI, CUTTACK vs DIRECTORATE OF MEDICAL EDUCATION AND TRAINING, BHUBANESWAR
- 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 20:54:17
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34499 of 2026
CNR No. ODHC010824572026
(An application under Articles 226 & 227 of the Constitution of India)
DRIEMS University, Tangi,
Cuttack
…. Petitioner
-versus-
Directorate of Medical Education &
Training, Odisha, Heads of
Department Building,
Bhubaneswar
…. Opposite Party
Advocate(s) appeared in this case:-
For Petitioner : Ms. T. Shreyashi, Advocate
For Opposite Party : Mr. R.C. Mohanty, Advocate
CORAM: JUSTICE B.P. ROUTRAY
JUSTICE SAVITRI RATHO
JUDGMENT
th
16 October 2026
B.P. Routray, J.
1. Heard Ms. T. Shreyashi, learned counsel for the Petitioner and
Mr. R.C. Mohanty, learned counsel for the Opposite Party.
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.
W.P.(C) No.34499 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 20:54:17
3. The Petitioner–institution is imparting different Under Graduate
(UG) and Post Graduate (PG) Allied Health Care courses such as,
BOT, BPT, MPT and MOT. It has approached this Court for a
direction to the Opposite Party for grant of renewal of No Objection
Certificate (NOC) for conducting above courses for the current
Academic Year in accordance with prevailing statutes/rules.
4. The background facts remain that the Petitioner–institution was
earlier granted renewal of NOC for conducting such courses in
previous Academic years. But for the year 2024 onwards, the renewal
of NOC was not granted in its favour due to lack of valid Fire Safety
Certificate. According to the Petitioner, the institution has not acquired
valid Fire Safety Certificate in February 2026 (Annexure-8) and
became eligible for grant of renewal of NOC for conducting such
course.
Earlier the last date for admission to Nursing courses 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 order
W.P.(C) No.34499 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 20:54:17
th
dated 13 August 2026 permitted those institutions to make application
for renewal of NOC with payment of extra amount of Rs.50,000/- over
th
and above the required fees. This Court had fixed timeline up to 24
August 2026 for making the application by those institutions as the last
th
date. The relevant portion 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
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
W.P.(C) No.34499 of 2026 Page 3 of 7
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:54:17
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 the courses has been now extended up to 31 October
2026 (Annexure-11), 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.
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.
W.P.(C) No.34499 of 2026 Page 4 of 7
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2026 20:54:17
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 the Allied Health Care courses. Earlier the last date for
th
admission was fixed to 30 September 2026 and it has been now
st
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.
W.P.(C) No.34499 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 20:54:17
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
last date of admission into the Allied Health Care courses, i.e. BOT,
st
BPT, MPT & MOT courses is fixed to 31 October 2026. Keeping the
same in view, i.e. the timeline for admission into the Allied Health
Care courses, we permit present Petitioner to make his application
either through e-Portal or physically, by tomorrow, i.e. on or before
th
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. The
th
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
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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 20:54:17
Petitioner, the authorities shall act upon in accordance with law, and
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take a decision thereof as soon as 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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