Orissa High Court
WP(C)/12625/2020 on 4 June, 2020
W.P.(C) No. 12625 OF 2020
02. 04.06.2020 The petitioner-institution, namely, Biju Pattanaik
Medical Technology, Baripada in the district of Mayurbhanj,
which was established to impart education to distress
backward people of the district in various technical subjects
relating to allied medical science course, by way of this writ
petition seeks for direction to the opposite parties to consider
for grant of NOC to open the institution of Allied Medical
Science i.e., B.Sc. in Optometry, B. Sc. In Medical Radiation
Technology (MRT), E.C.G., Technician and B.Sc. in Medical
Laboratory Technology (MLT).
2. The petitioner is a society registered under the Societies
Registration Act, 1860 and had taken a leading role to provide
better education in Nursing and Medical Science to the SC and
ST students of Mayurbhanj district. As such, the institution
has its own land and building with proper infrastructure with
all the teaching and non-teaching staff. For the purpose of
grant of NOC, the petitioner has submitted all the documents
along with prescribed fees. As such, the institution has already
got NOC for fire safety and submitted documentary evidence of
own/affiliated 100 bedded private hospital, but opposite party
no.2 in its letter dated 31.01.2020 reported that the
documents received from the government were re-examined
and it was found that still there is deficiency of documents in
respect of petitioner institution. As the documents of petitioner
institution listed in annexure are not in order, the fresh
inspection may not be conducted as per the procedure for
issue of NOC for different Nursery Paramedical and allied
Medical Science course. The institution though had submitted
2
his NOC of fire safety certificate and also provided necessary
documents, no NOC has been granted.
3. Mr. P.K. Mohapatra, learned counsel for the petitioner
contended that the petitioner has already filed an application
in Annexure-5 dated 27.02.2020 before the opposite party
no.1 regarding issuance of NOC for Medical Technology College
Course for the academic session 2020-21 by complying all the
formalities, but the same is still pending for consideration. It is
contended that for the interest of justice, equity and fair play,
direction may be issued to consider the same and pass
appropriate order in accordance with law.
4. Mr. S. Palit, learned Addl. Government Advocate argued
with vehemence indicating that since there is deficiency in
providing documents by the petitioner, which has been
communicated by opposite party no.2 vide letter dated
31.01.2020, if the petitioner has complied the same and if there is no other legal impediment to grant NOC, there will be no difficulty on the part of opposite party no.1 to consider and pass appropriate order on the application filed in Annexure-5 dated 27.02.2020 in accordance with law.
5. Having heard learned counsel for the parties and after going through the material available record, since the petitioner makes a limited nature of grievance before this Court seeking direction to opposite party no.1 to consider its application filed in Annexure-5 within a stipulated time, this Court, without expressing any opinion on the merit of the case, directs opposite party no.1 to consider the application of the petitioner filed in Annexure-5 for grant of NOC for Medical 3 Technology College Course for the academic session 2020-21 in accordance with law and dispose of the same within a period of six weeks from the date of communication/production of authenticated copy of this order.
With the above observation and direction, the writ petition stands disposed of.
(Mohammad Rafiq) Chief Justice (Dr. B.R. Sarangi) Judge Ajaya