Facts
The petitioner institution sought permission to apply for a No Objection Certificate (NOC) to conduct a Diploma in Medical Laboratory Technology (DMLT) course for the 2026 academic year. It had missed the application deadline due to difficulties on its part.
Source reference: p.2In an earlier batch of cases, the Court had permitted similarly situated institutions to apply for renewal of NOCs by 24 August 2026, as a one-time measure, subject to an additional payment; the order expressly stated that it would have no precedential value.
Source reference: p.2–4The admission deadline was later extended from 30 September to 31 October 2026.
Source reference: p.4The petitioner sought the same opportunity, relying also on its claimed qualification, including a valid Fire Safety Certificate.
Source reference: p.4–5The authorities opposed relief, arguing that the earlier order was confined to the cases before the Court and could prompt similar claims by other institutions.
Source reference: p.4–5Issues
1. Whether the petitioner, despite missing the prescribed deadline and not participating in the earlier proceedings, could be permitted to apply for a fresh NOC on grounds of parity with institutions granted relief earlier.
Source reference: p.5–62. Whether the extended admission deadline justified allowing the petitioner a time-bound opportunity to submit its application.
Source reference: p.5–6Law Applied
The petitioner invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.
Source reference: p.1The Court applied the principle of parity, holding that relief granted in similar matters may support similar directions in a later case where the relevant facts and circumstances warrant it.
Source reference: p.5It relied on State of Odisha v. Priyambada Pattanaik, SLP No. 10598 of 2024, decided on 9 September 2024, where the Supreme Court disposed of a later petition on the same terms as an earlier order despite that order’s statement that it was not to be treated as a precedent, because the same set of facts and circumstances arose in the same State.
Source reference: p.5The Court also considered its order dated 13 August 2026, which had allowed similarly situated institutions to apply by a fixed date, subject to additional payment.
Source reference: p.3–4Reasoning
Although the petitioner had not applied within the prescribed period and had not joined the earlier proceedings, the Court considered that the admission deadline had since been extended to 31 October 2026 and that the petitioner claimed to have acquired the necessary qualification, including a valid Fire Safety Certificate.
Source reference: p.5In light of these circumstances and the benefit previously granted to similarly situated institutions, the Court found no sufficient reason to deny relief on parity grounds.
Source reference: p.6Given the petitioner’s failure to demonstrate a diligent attempt to apply before the deadline, the Court imposed a higher additional payment of ₹60,000 and set a strict filing deadline.
Source reference: p.6Holding
The Court permitted the petitioner to submit its application for a fresh NOC, either through the e-Portal or physically, by 17 October 2026, upon payment of ₹60,000 over and above the required fees.
It directed that no further extension would be granted if the petitioner missed that deadline.
Source reference: p.6–7Upon receipt of the application, the authorities were directed to decide it in accordance with law as soon as possible, preferably by 27 October 2026.
Source reference: p.6–7The writ petition was disposed of accordingly.
Source reference: p.6–7Original Court PDF
THE AIGIRI COLLEGE OF MEDICAL SCIENCE, BHUBANESWAR, KHORDHAvsSTATE OF ODISHA
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