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, Hea