JUDGMENT

S. PANDA, J. : The petitioner, who is the Secretary of Maa Biraja School of Nursing (ANM), Jajpur, has filed this writ petition challenging the action of the opposite parties in granting “No Objection Certificate” (in short, “NOC”) for opening of ANM Course with stipulation Nos.1 and 2 which are in violation of Indian Nursing Council Act, 1947 (hereinafter referred to as “the 1947 Act”).

2.The brief facts of the case are that on the demand of local public of Jajpur town, Maa Biraja School of Nursing was established to provide health service to the people. Accordingly, the petitioner’s institution filed an application on 5th September, 2007 to obtain NOC for the said purpose. The authorities granted NOC in favour of other institutions, however, did not grant NOC in favour of the petitioner’s institution for which W.P.(C) No.1213 of 2011 was filed which was disposed of on 11.5.2011 with a direction to the opposite parties to look into the grievance of the petitioner with regard to grant of NOC for opening of the institution and take final decision within a period of one month from the date of production of certified copy of the order before the Commissioner-cum-Secretary, Health and Family Welfare Department, Government of Odisha. This Court further directed that if the petitioner’s institution fulfils all the conditions like other institutions who have received NOC, the application of the petitioner’s institution shall also be considered and NOC shall be granted in its favour. Opposite parties rejected the application of the petitioner’s institution on 12.9.2011 vide Annexure 2. Challenging the said order, the petitioner filed W.P.(C) No.26651 of 2011. This Court quashed the order dated 12.9.2011 passed by the opposite party No.1 by order dated 30.4.2011 directing opposite party No.1 to consider the application of the petitioner’s institution as per the direction given in W.P.(C) No.12369 of 2011 and take a decision within a period of two months from the date of receipt of the order. Thereafter, the NOC was granted on 1.2.2012 in favour of the petitioner’s institution with the following stipulations which are extracted below :

“1.The Institution will not be allowed to entertain admission without prior approval of Indian Nursing Council, State Nursing Council and Odisha Nursing Mid-wife Examination Board.

2.Admission should be limited to the intake capacity approved by the Indian Nursing Council.

3.The State Government will not be responsible for providing employment to the pass outs.

4.NOC shall be withdrawn in violation of the terms and conditions.

5.The admission shall be made on the basis of merit/norms prescribed by the Indian Nursing Council.

6.The NOC is valid for one academic session only.

7.The onus of arranging Hospital/PHC/CHC etc. for practical training of the students lies with the institutions and that Govt. will not be responsible on this issue.”

3.Learned Counsel for the petitioner submitted that stipulation Nos.1 and are illegal, arbitrary and in violation of the statutory provision made under the Act, 1947. The said Act does not prescribe any condition or provision for recognition of the institution by the Indian Nursing Council or obtaining permission to establish any institution or any restriction regarding seat matrix for taking admission into the institution for ANM Course. Sections 10 and 14 prescribe for recognition of qualification and grant of certificate. If any institution does not satisfy the requirement of the Act, the Council may withdraw the recognition. He submitted that the Orissa Nursing and Midwifery Examination Board was established and framed its own Regulation. The said Board issues certificates to the ANM trainees who are successful in the examination conducted by the Board and those certificates are recognised under the Act for registration with the State Council. Regulation 71 stipulates the number of recognised institutions for training in ANM. Regulation 72 stipulates that the list ma