IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO, JJ.
Ishaan Institute of Medical Science – Appellant
Versus
State of Odisha and Others – Respondents
W.P. (C) No. 32334 of 2025
Decided On : 08-12-2025
| Table of Content |
|---|
| 1. consideration of extension for noc (Para 1 , 4 , 5 , 6) |
| 2. background on i.a. and compliance requirements (Para 2 , 3) |
| 3. court's view on compliance deadlines (Para 7 , 8) |
| 4. dismissal of the i.a. for lack of merit (Para 9) |
ORDER :
I.A. No. 21825 of 2025 (arising out of W.P. (C) No.32334 of 2025 disposed of on 20.11.2025)
1. The I.A. has been filed on 03.12.2025 in the disposed of writ petition with the following prayer:
“It is prayed, therefore, that this Hon’ble Court may kindly be pleased to modify/ to recall/ or alter/ or rescind the aforesaid order dated 20-11-2025 passed in the aforesaid W.P. (C) No.32334 of 2025 by directing the O.P. Nos.1, 2 and 3 to accept the compliances i.e. ‘Form-V’ Fire Safety Certificate submitted by the petitioner-institution on 27.11.2025 and to take the consequential decisions within the reasonable time limit as may be deem just and proper for the ends of justice by suitably extending the date/s for the petitioner-institute.
And, may be pleased to pass any appropriate order/s, direction/s as may deem just and proper for the ends of justice.”
2. Earlier by detailed order dated 20.11.2025 the W.P.(C) No.32334 of 2025, filed by the petitioner was disposed of by us after detailed hearing of the matter in presence of learned counsel for all the parties/stake holders. The relevant portion of the said order is reproduced herein:
“4. The present matter, which is assignment of this Bench, has a direct co-relation as far as the extension of the last date for grant of NOC is concerned. It is brought to our notice by the learned counsels for the petitioners and learned counsel appearing for the regulatory authority [in most of the cases, the Director Medical Educational Training (DMET) is the authority], and learned Additional Standing Counsel appearing for the State that the last date of admission to nursing programmed has been extended upto 30th November, 2025 in terms of the order dated 14.10.2025.
5. It is submitted by the learned counsel Mr. R.C. Mohanty, for regulatory authority as well as learned Additional Standing Counsel that expeditious and prompt steps have been taken by the authorities and the State to carry forward the mandate of the order dated 14.10.2025 of the Co-ordinate Bench and extended last date for consideration of the pending / rejected applications for renewal of NOC after compliance has been notified on 17.10.2025.
6. In view of the above, taking note of the order dated 14.10.2025 passed by the Co-ordinate Bench in I.A. No.16798 of 2025 passed in W.P.(C) 39868 of 2023, as well as the submissions made at the bar by the learned counsels on behalf of the petitioners-Institutions, the submissions of the learned counsel for the regulatory authorities, and the learned Additional Standing Counsel for the State, we issue the following directions.
6.1. The petitioner-Institution whose application for grant of renewal of NOC has been rejected shall comply the deficiencies by 24th November, 2025, if not already complied in the meantime for the academic year, 2025-2026.
In view of the undertaking given before this Court, no further time shall be granted for submission of compliance.
6.2. We also expect the respective authorities like that of fire services or other authorities shall take expeditious steps in considering compliances, after due verification in accordance with law, if applied by the petitioner-Institution.
6.3. Upon submission of the necessary compliance by the petitioner- Institution on or before 24th November, 2025 5.00 p.m. the authority shall consider the same and take decision(s) as expeditiously as possible, taking note of the fact that last date of admission to courses for Session-2025-2026 is 30th November, 2025, and after grant of NOC the Institutions have to seek affiliations and other requirements, as the case may be, for admission of students; thereafter, the admission notification has to be notified, the students have to approach the Institutions and the entire p
Failure to comply with submission deadlines for compliance documentation in administrative proceedings may result in the dismissal of the application with no merit.
Compliance with court orders regarding the timely submission of documents is essential; failure to comply results in denial of requests for relief.
The court directed reconsideration of a renewed application for fire NOC following rectification of previously identified deficiencies.
Court directs authorities to expeditiously process NOC application in accordance with law within six weeks.
Administrative rejections must specify deficiencies and provide opportunity to rectify before denial.
No statutory appeal for Fire NOC rejection; approach District Fire Officer per practice.
Fire and Rescue authorities must renew No Objection Certificates if prior conditions are satisfied and relevant documentation is provided, despite alterations to the structure.
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