DEEPANSU SEKHAR NANDA vs STATE OF ODISHA

THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34073 of 2025

(An application under Articles 226 and 227 of the Constitution of India
)
Deepansu Sekhar Nanda ……. Petitioner
-Versus-
State of Odisha and Another ……. Opp. Parties


For the Petitioner : Mr. Ashok Kumar Swain-1, Advocate



For the Opp. Parties : Mr. J.K. Bal, AGA for O.P. No.1
Mr. Amitabh Mishra, Advocate for O.P.
No.2

CORAM :
THE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
THE HON’BLE MR. JUSTICE SIBO SANKAR MISHRA



Date of Hearing: 25.02.2026 :: Date of Judgment:27.05.2026
S.S. Mishra, J. The present writ petition has been filed under Article
226 and 227 of the Constitution of India, challenging the action of the
Odisha Joint Entrance Examination Committee (OJEE) in not
allotting the petitioner a seat in the MBBS/BDS course during the
Spot/Stray Round of counselling held on 13.11.2025 for the academic
session 2025-26 against seats reserved under the State Government
Schools (SGS) quota.

2. Succinctly and devoid of unnecessary details, the facts of the
case are as follows:

i. The petitioner passed the High School Certificate Examination,
2012 conducted by the Board of Secondary Education, Odisha,
securing 480 marks out of 600. Thereafter, he appeared in the Annual
Higher Secondary Examination, 2014 conducted by the Council of
Higher Secondary Education, Odisha from Christ College, Cuttack
and secured 285 marks out of 600. In the subjects of Physics,
Chemistry and Biology, he secured 44, 47 and 58 marks respectively.

ii. Subsequently, to improve his marks in Chemistry, the
petitioner appeared in the Senior Secondary School Examination
conducted by the National Institute of Open Schooling (NIOS) in
October 2022 and secured 64 marks in Chemistry.

iii. The petitioner thereafter appeared in the National Eligibility-
cum-Entrance Test (NEET-UG) 2025 conducted by the National
Testing Agency for admission to undergraduate medical and dental
courses. He secured 264 marks out of 720 and obtained an All-India
Rank of 552732.

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iv. The petitioner registered himself for OJEE counselling for
admission to MBBS/BDS courses under the State quota for the
academic session 2025–26. After document verification, the OJEE
authorities issued a document verification certificate and published
the final merit list prepared based on the NEET All India Rank. In the
said list, the petitioner was assigned State Rank 4880 and SGS Rank
425.

v. During the counselling process, the petitioner filled and locked
choices for Round-1, Round-2 and Round-3 of counselling but was
not allotted any seat. Subsequently, his name appeared in the list of
candidates eligible for the Spot/Stray Round of counselling published
on 12.11.2025.

vi. The Spot/Stray Round of counselling was conducted on
13.11.2025 for filling up vacant State quota seats. According to the
vacancy position published by OJEE, certain seats reserved under the
UR-SGS category were available. The petitioner attended the said
counselling, and his documents were verified by the officials present.

vii. The petitioner was not allotted a seat during the Spot/Stray
Round of counselling. According to the petitioner, the officials

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informed him that he was not being considered under the SGS quota
on the ground that he had improved his Chemistry marks through the
National Institute of Open Schooling.

viii. It is the petitioner’s case that despite requesting for a written
communication regarding the said decision, no formal order or written
communication was issued to him. The petitioner has also referred to
the admission list published after the Spot/Stray Round of counselling
indicating that certain candidates with lower NEET ranks were
allotted seats under the UR-SGS category.

ix. Aggrieved by the non-consideration of his candidature under
the SGS quota during the Spot/Stray Round of counselling, the
petitioner has approached this Court by filing the present writ
petition.
3. Heard Mr. Ashok Kumar Swain-1, learned Counsel for the
Petitioner, Mr. J.K. Bal, AGA for O.P. No.1 and Mr. Amitabh
Mishra, Advocate for O.P. No.2.
4. Learned counsel for the petitioner contended that the action of
the Opposite Party No.2–OJEE Committee in not allotting an MBBS

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seat to the petitioner during the Spot/Stray Round of counselling is
wholly arbitrary, illegal and unsustainable in law.
It is submitted that the petitioner fulfilled all eligibility criteria
prescribed for admission to the MBBS course. Placing reliance on the
regulations framed by the National Medical Commission, it is
contended that a candidate belonging to the unreserved category is
required to secure a minimum of 50% aggregate marks in Physics,
Chemistry and Biology (PCB), which the petitioner satisfies upon
improvement of his Chemistry marks.
5. Learned counsel further submitted that the National Medical
Commission, by Public Notice dated 22.11.2023, has clarified that
candidates who undertake requisite subjects as additional subjects
through recognized open schooling institutions, including the
National Institute of Open Schooling (NIOS), after passing Class
12th, are eligible to appear in NEET-UG and consequently for
admission to medical courses. It is thus contended that improvement
of marks through NIOS cannot be a ground to deny consideration.
6. It is further argued that the petitioner had disclosed all relevant
documents, including the NIOS mark sheet, at every stage of the

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admission process. The same were duly verified and accepted by the
OJEE authorities, who issued a Document Verification Certificate
taking into account the improved Chemistry marks obtained from
NIOS and declared the petitioner eligible for counselling.
7. Learned counsel emphasized that the petitioner was assigned a
State Rank as well as an SGS Rank and was permitted to participate
in all rounds of counselling, including the Spot/Stray Round.
Therefore, the subsequent refusal to consider him under the SGS
category on the ground of improvement of marks through NIOS
amounts to a complete departure from the earlier stand of the
authorities.
8. It is contended that such action is hit by the doctrine of
estoppel, as the authorities, having once accepted the petitioner’s
eligibility and acted upon it, cannot subsequently take a contrary
position in the absence of any allegation of suppression,
misrepresentation or fraud on the part of the petitioner. Reliance is
placed on the settled principle that approbation and reprobation is
impermissible in law.

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Learned counsel further submitted that the petitioner satisfies
the requirements of the State Government notification and OJEE
guidelines governing admission under the State Government School
(SGS) quota, inasmuch as he has passed his 10th examination from a
Government High School under the Board of Secondary Education,
Odisha and his 12th examination from an institution recognized under
the Council of Higher Secondary Education, Odisha.
9. It is also contended that the action of the Opposite Party No.2 is
discriminatory and violative of Article 14 of the Constitution of India,
as candidates having lower NEET ranks than the petitioner were
allotted seats under the UR–SGS category in the same Spot/Stray
Round of counselling.
To substantiate his argument, learned counsel for the petitioner
has also relied upon the judgment dated 26.02.2026 passed by the
Coordinate Bench in the matter of Smt. Sabita Parida vs. State of
Orissa & others in W.P.(C) No.9875 of 2016 . Although the facts of
the case cited by the learned counsel are completely distinguishable
from the present case, still learned counsel for the petitioner is trying
to derive the benefit of the judgment on the ground that, if it is not the

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case of the opposite party that the petitioner has suppressed or not
disclosed or manipulated his marks, the opposite parties are estopped
under law to approbate or reprobate at the same time and deny the
reservation.
10. On the aforesaid grounds, learned counsel for the petitioner
submitted that the impugned action is arbitrary and unsustainable, and
in view of the fact that the admission process for the current academic
session has concluded, the petitioner is entitled to appropriate relief
by way of direction for admission in the ensuing academic session.
11. Mr. J.K. Bal, learned Additional Government Advocate,
appearing for the opposite party-State vehemently submitted his rival
contention. He submitted that the OJEE Committee has been carrying
out the counseling process strictly as per the Orissa Professional
Educational Institutions (Regulation of Admission and Fixation of
Fee) Act, 2007 (hereinafter called as “The Act, 2007). The petitioner
has not complained against the opposite parties for having violated
any instruction, order or regulation, rather the petitioner is claiming
reservation under the State Government Schools (SGS) quota,
although he has not qualified for the same. Mr. Bal, learned State

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counsel further submitted that it is obligatory on the part of every
candidate to carefully read and understand the instruction regarding
the counselling process as provided in the guidelines and instruction
for counselling and admission to the MBBS/BDS Courses 2025-2026.
According to him, it appears that the petitioner has not carefully gone
through the instructions, although he has given a self-declaration that
he has gone through the instructions and understood the same.
Despite such self-declaration, he has furnished a wrong information
on the basis of which he is claiming SGS quota. An aspiring
candidate can be given reservation under the SGS quota, if he/she has
th th
passed out both 10 and 12 Examination from the State Government
Schools affiliated to the Board of Secondary Education, Odisha and
from the Council of Higher Secondary Education, Odisha
respectively. Furthermore, the candidate has to qualify in Physics,
Chemistry, Biology/Biotechnology and English individually and must
have secured minimum 50% of marks taken together in Physics,
Chemistry and Biology/Biotechnology at +2 level for general
candidate. But in the case of the petitioner, it is admitted that he has
not secured the qualifying mark of 50%. However, in the year 2022,
he appeared in the examination conducted by the National Institute of

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Open Schooling (NIOS), an Autonomous Institution under the
Ministry of Education, Government of India and improved his score
in Chemistry by obtaining 64 marks. It is pertinent to mention that he
obtained 49.66% in CHSE Examination in the year 2014 and
improvised his Chemistry scoring in the year 2022 by appearing in
the examination conducted by the NIOS. Therefore, Mr. Bal, learned
State counsel vehemently opposed the prayer made by learned
counsel for the petitioner seeking SGS quota.
12. We have carefully gone through the pleadings, regulation
occupying the field and related notification and have also taken into
consideration the submissions made by learned counsels appearing for
the respective parties.
At the time of issuance of notice, the petitioner prayed for
interim direction. This Court vide order dated 03.12.2025, declined to
grant any interim relief. The observations made by the Court at that
stage, being relevant for determination of the issue in lis, are
reproduced for convenience reading :-
“4. Since the matter involves counselling and admission for a
student who seeks admission to MBBS/BDS courses under the
State quota, the matter is heard in extensor in the context of grant
of any interim order.


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5. After the learned counsel for the petitioner had made his
submissions, the following issues were sought for by the Court to
be answered; what is the basic qualification for seeking
th
reservation as notified by notification dated 26 March, 2021
(Annexure-2) “Reservation for the students of Government High
School in Medical/ Engineering courses of the State.”

The learned counsel relies on the guidelines annexed to the
Writ Petition marked as Annexure-3 which has the following
caption “GUIDELINES/INSTRUCTIONS FOR REGISTRATION
PROCESS FOR PREPARATION OF STATE MERIT LIST
BASED ON NEET UG 2025 ALL INDIA RANK WHICH WILL BE
USED FOR SUBEQUENT COUNSELLING & ADMISSION IN
STATE QUOTA SEATS OF STATE MBBS/BDS COURSES, 2025-
26.”

The last paragraph of the said guidelines at page-31 shows
the details of counselling of admission indicates www.ojee.nic.in/
www.odishajee.com .

Therefore, it may be reasonably concluded that though the
notification does not contain any indication about OJEE, the
website referred to indicates, it was published by OJEE.

6. Drawing attention to the conditions of the eligibility as
prescribed in the said notification, paragraph-B sub-paragraph-3
& 4 (at page-26 of the Writ Petition) are relied upon, which are
reproduced herein:-

“3. The candidate must have passed +2 sc. And in the
subjects of Physics, Chemistry, Biology/Biotechnology
and English individually and must have secured minimum
of 50% marks taken together in Physics, Chemistry &
Biology/Biotechnology at +2 Sc/ Level for General
Candidate (GE), 40% for SC/ST candidates and 40% for
benchmark disability candidates (PC-GE). The required
mark for physically challenged candidate of SC/ST
category is 40%.

4. The minimum qualifying mark for different
category of candidates are as follows: (subject to relevant
notification/ modification by Govt. of India/NMC)”.

7. The said notification provides thus:-


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“Now, therefore, in exercise of the power
conferred by sub-section (1) of Section-9 of the Odisha
Professional Educational Institutions (Regulation of
Admission and Fixation of Fee) Act, 2007 (Odisha Act 4 of
2007) and having regard to the recommendation of the
High-power Committee, the State Government do hereby
direct that 15% of seats in Medical and Engineering
Colleges of the State shall be reserved for the students
th
who have passed the 10 Board Examination under the
Board of Secondary Education, Odisha from Government
th
High Schools and also have passed the 12 Board
Examination under the Council of Higher Secondary
Education, Odisha from any Government Higher
Secondary School/Government Junior College and such
reservations shall be horizontal covering all vertical
reservations as well as Unreserved Group.

8. It is submitted by the learned counsel for the petitioner,
referring to Eligibility B.3. that the petitioner has passed in the
subjects of Physics, Chemistry, Biology and English individually,
has secured 49.66% marks in the subjects Physics, Chemistry and
Biology taken together at +2 Science level passed from Christ
College, Cuttack (as then it was) in the year, 2014, the
examination being conducted by Council of Higher Secondary
Education, Odisha, Bhubaneswar.

Thereafter, the petitioner-student preferred to study further
under the National Institute of Open Schooling (NIOS), an
Autonomous Institution under Ministry of Education, Government
of India, Enrolment No.931522350022 and passed the subject
Chemistry in October, 2022 in Grade-D, the mark being 64 out of
total mark 100.

It is submitted that though the petitioner has secured 49.66%
in the CHSE examination in 2014, however, in 2022 after he
passed Chemistry and secured 64% in NIOS; by adding the mark
secured in Chemistry, the total marks secured taken together in
Physics and Biology from CHSE and Chemistry from National
Institute of Open Schooling would come to above 50%.

It is contended, after 2022, the petitioner qualifies having
secured 50% in subjects taken together; Physics and Biology
from CHSE and Chemistry from National Institute of Open
Schooling.


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9. At this stage, Mr. Mishra, learned counsel for the OJEE
th
subjects that the notification providing reservation dated 26
March, 2021 read with notification (Annexure-3) B.3. marks it
th
abundantly clear that a candidate-student has to pass the “12
Board Examination under the Council of Higher Secondary
Education, Odisha from any Government Higher Secondary
School/Government Junior College”. The Explanation-I to the
said notification makes it further clear:-

“Explanation-I.- For the purpose of this Notification, the
expression ‘the Government High School’, includes the
aided High Schools, Higher Secondary Schools, Junior
colleges of the State as defined in the Odisha Education Act,
1969. (Odisha Act 15 of 1969).”
10. Prima facie, we are of the view that National Institute of
Open Schooling, Government of India is not a High School,
Higher Secondary School, Junior College of the State as defined
in the Odisha Education Act, 1969. (Odisha Act 15 of 1969).

11. For convenience of reference, we reproduce the definition
in Section-3 (i) & (j) in the Odisha Education Act, 1969 provide
thus:-

(i) High School means an educational institution
imparting instructions in Standards or Classes VII to X
leading to the High School Certificate Examination and
may have the standards or classes of Upper Primary
School attached to it;

(j) Higher Secondary School means an educational
institution imparting instructions in Higher Secondary
courses as defined in the Odisha Higher Secondary
Education Act, 19 of 1982 and may have Standards or
Classes VII, IX and X attached;

[(j-1) Junior College means an educational institution
imparting instructions in Higher Secondary courses as
defined in the Odisha Higher Secondary Act, 1982].”

12. In such view of the matter, we are not inclined to pass any
interim direction regarding the petitioner to be considered for
counselling in the spot selection as far as the prayer for
participation and also cannot pass any further order to keep any
seat vacant.”


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13. This Court has also noted in the order referred to above that the
stray vacancy ground for counselling by OJEE has already been over
on 11.11.2025 and 13.11.2025. Therefore, no interim relief was
granted at that stage. That precisely the reason the petitioner is
pressing the present writ petition so as to get reservation for
admission in the forthcoming academic session.
14. It is noteworthy to mention here that the State Government
constituted a High Power Committee under the Chairmanship of the
Hon’ble Dr. Justice A.K. Mishra, a retired Judge of the High Court to
make necessary recommendation regarding the reservation of seats
for the students of Government High Schools in the Engineering and
Medical courses of the State so as to remove the inequalities and to
facilitate the entry of students of Government Schools in Engineering
and Medical courses of the State. On the basis of the recommendation
made by the Committee and by exercising the power conferred on the
State by sub-section (1) of Section-9 of the Act, 2007, 15% of seats in
Medical and Engineering Colleges of the State was provisioned to be
th
reserved for the students, who have passed the 10 Board
Examination under the Board of Secondary Education, Odisha from
th
any Government High Schools and also have passed 12 Board

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Examination under the Council of Higher Secondary Education,
Odisha from any Government Higher Secondary Schools/Government
Junior Colleges and the reservations was provisioned to be given
horizontally covering all vertical reservations as well as Unreserved
category. After such reservation policy was made, the candidates who
th th
have passed their 10 and 12 Board Examination from the State
Government Schools affiliated through Board of Secondary
Education, Odisha and from the Council of Higher Secondary
Education, Odisha respectively started availing the reservation those
who have secured the qualifying marks of 50% as prescribed. It is
also necessitated under the scheme of law that the counselling process
shall be completed in a time bound manner. In the instant case, the
notification dated 10.11.2025 published by the OJEE states the date of
stray vacancy for MBBS/BDS which have already been over since
14.11.2025. Having unsuccessful, the petitioner has approached this
Court only on 25.11.2025. Besides that, it is admitted on record that
the petitioner passed out his Higher Secondary Education in the year
2014 and at that point of time, he had not secured 50% of marks
together in Physics, Chemistry and Biology/Biotechnology.
Therefore, he has not fulfilled the minimum eligibility criteria

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required for admission to the MBBS/BDS Courses as a general
candidate. Subsequently, he had improvised his Chemistry scoring by
appearing in NIOS Examination in 2022. The marks sheet issued by
the NIOS on 06.11.2023 was submitted by the petitioner to satisfy the
minimum eligibility criteria of 50% marks. The moot question
remains is whether the petitioner could be treated as having passed
out from the Council of High Secondary Education once in one of the
subjects he has improvised his scoring by appearing in NIOS
Examination. In that regard, this Court while declining the interim
relief sought by the petitioner has discussed in detail which has
already been reproduced in the preceeding paragraphs.
Mr. Bal, learned State counsel by taking us to the notification
dated 26.03.2021 has pointed out that the petitioner will not be
eligible for reservation under the State Government Schools quota
seats.
15. Under the aforementioned circumstances, the petitioner’s
improvised score in Chemistry from NIOS even if is taken into
consideration for his minimum eligibility to apply for the medical
education by giving benefit of the marks criteria from two different
Boards, but the reservation cannot be given, because one cannot avail

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two privileges at the same time. SGS reservation can only be given, if
the petitioner would have produced only one certificate from the State
th
Board for 12 Examination having minimum qualifying marks.
Therefore, on any count, if the case of the petitioner is considered, it
is difficult to concede to the position of law as discussed above on the
basis of which the SGS reservation could be made available to the
petitioner. Therefore, we are constrained to disallow the prayer made
by the petitioner in the writ petition.
16. Accordingly, the writ petition is dismissed being devoid of
merit.


(Sibo Sankar Mishra)
Judge

M.R. Pathak, J. I agree.

(Manash Ranjan Pathak)
Judge






The High Court of Orissa, Cuttack.
th
Dated the 27 of May, 2026/Subhasis Mohanty

Signature Not Verified
Digitally Signed
Signed by: SUBHASIS MOHANTY
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 27-May-2026 16:14:41

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