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Judgment
This matter is taken up by hybrid mode.
Heard Mr. B.R. Tripathy, learned counsel appearing for the petitioner and Mr. R.C. Mohanty, learned counsel appearing for the opposite parties-DMET.
The petitioner has filed this writ petition seeking to quash the letter dated 14.12.2023 under Annexure-6, by which grant of NOC for opening of GNM-General Nursing & Midwifery courses for the academic session 2023-24 has been rejected on the ground of absence of the Principal of the institution at the time of personal hearing.
Learned counsel appearing for the petitioner contended that the Principal, who had submitted the application, has already left the job. Therefore, at the time of inquiry, even though the new Principal, who has already joined, participated in the personal hearing, his presence was not taken note of. Therefore, the order dated 14.12.2023 passed by the authority cannot be sustained in the eye of law.
Mr. R.C. Mohanty, learned counsel appearing for the opposite parties-DMET contended that if the new Principal has already joined and appeared in the personal hearing, in that case, the order dated 14.12.2023 passed by the authority cannot be sustained in the eye of law.
Having heard learned counsel for the parties and after going through the records, this Court finds that since the new Principal has already joined and appeared for personal hearing, the authority shall consider the same and pass appropriate order in accordance with law. Consequentially, the order dated 14.12.2023 is hereby quashed. The matter is remitted back to the DMET, Odisha and Chairman, ONMRC for reconsideration of the case of the petitioner-institution in accordance with law and in compliance of principles of natural justice.
The writ petition is accordingly disposed of.
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