Facts
The petitioner, which conducts a B.Sc. Nursing course, had not applied in time for renewal of its No Objection Certificate (NOC). The admission deadline was extended from 30 September to 31 October 2026.
Source reference: pp. 2–4, para. 4In an earlier batch of cases, the High Court had permitted similarly situated institutions to apply for renewal by 24 August 2026, on payment of an additional ₹50,000, while stating that the order was a one-time measure without precedential value.
Source reference: pp. 2–4, para. 4The petitioner sought comparable relief, relying on the extended admission deadline and its acquisition of a valid Fire Safety Certificate.
Source reference: p. 5, para. 7The authorities opposed relief on the basis that the earlier order was non-precedential and that other institutions might seek similar treatment.
Source reference: p. 4, para. 6Issues
1. Whether the petitioner, despite missing the earlier deadline for applying for NOC renewal, should be permitted to apply on terms similar to those granted to institutions in the earlier batch of cases.
Source reference: pp. 4–6, paras. 6–82. Whether the petitioner’s application should be subject to an additional payment and a strict deadline in light of the extended admission schedule and its lack of diligence.
Source reference: p. 6, para. 9Law Applied
The petition invoked Articles 226 and 227 of the Constitution of India.
Source reference: p. 1The Court applied the principle of parity, holding that relief granted to similarly situated institutions should not be disregarded solely because the earlier order stated that it had no precedential value.
Source reference: pp. 4–5, para. 7It relied on State of Odisha v. Priyambada Pattanaik, SLP No. 10598 of 2024, decided 9 September 2024, where the Supreme Court disposed of a matter on the same terms despite an earlier order being described as non-precedential, because the facts and circumstances were materially similar.
Source reference: p. 5, para. 7The Court also treated the earlier order of 13 August 2026 as the basis for comparable relief, while imposing a higher additional amount in view of the petitioner’s failure to show diligence.
Source reference: pp. 3–4, para. 4; p. 6, para. 9Reasoning
Although the petitioner had missed the earlier application deadline, the Court considered the extension of the B.Sc. Nursing admission deadline to 31 October 2026 a material change in circumstances that left time for a fresh application.
Source reference: p. 5, para. 7It also noted the petitioner’s assertion that it had obtained a valid Fire Safety Certificate.
Source reference: p. 5, para. 7Applying parity and the approach in Priyambada Pattanaik, the Court concluded that the petitioner should receive similar relief to the institutions in the earlier batch.
Source reference: pp. 5–6, paras. 7–8However, because the petitioner had not justified any diligent attempt to apply before the original deadline, the Court required an additional payment of ₹60,000 rather than ₹50,000.
Source reference: p. 6, para. 9Holding
The Court permitted the petitioner to apply for NOC renewal, electronically or physically, on or before 17 October 2026, subject to payment of an additional ₹60,000 over the prescribed fees.
The deadline was peremptory, with no further extension to be granted.
Source reference: p. 6, para. 9The authorities were directed to consider the application in accordance with law as soon as possible, preferably by 27 October 2026.
Source reference: p. 6, para. 10The writ petition was disposed of with those directions.
Source reference: p. 6, paras. 9–10Original Court PDF
THE AIGIRI COLLEGE OF MEDICAL SCIENCE, KHORDHAvsSTATE OF ODISHA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
