Jeypore College of Nursing, Jeypore vs State Of Odisha And Others

This matter is taken up by hybrid mode.

Heard Mr. K. Swain, 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 order dated 16.01.2024 under Annexure-9, by which its claim for grant of NOC for opening of General Nursing and Midwifery (GNM) course for the academic session 2023-24 has been rejected on the ground that the Principal of the petitioner college is working in two separate colleges.

Mr. K. Swain, learned counsel appearing for the petitioner contended that now the petitioner-college has appointed new Principal and to that extent the petitioner will produce all the relevant documents. Therefore, direction may be given to the authority to consider the same in accordance with law. As such, the order dated 16.01.2024 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, in that case, the order dated 16.01.2024 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 to that extent the petitioner undertakes to produce all the relevant documents, the authority shall consider the same and pass appropriate order in accordance with law. Consequentially, the order dated 16.01.2024 is hereby quashed. The matter is remitted to the DMET, Odisha and Chairman, ONMRC for reconsideration of the case of the petitioner-institution in accordance with law.

The writ petition is accordingly disposed of.

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