Orissa High Court
Nucleus Institute Of Medical vs The Commissioner-Cum- ..... Opposite ... on 29 January, 2024
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1408 of 2024
Nucleus Institute of Medical ..... Petitioner
Sciences
Mr. D.P. Dash, Advocate
Vs.
The Commissioner-cum- ..... Opposite Parties
Secretary, Department of
Health & Family Welfare &
Others
Mr. S.N. Nayak, ASC for O.P. Nos.1, 4 & 5
Mr. R.C. Mohanty, Advocate for O.P Nos.2 & 3
Mr. P.K. Parhi, DSGI for O.P. No.6
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
29.01.2024 Order No. This matter is taken up through hybrid mode.
01.
2. Heard Mr. Devi Prasad Dash, learned counsel for the petitioner; Mr. S. N. Nayak, learned Addl. Standing Counsel appearing for the State-Opposite Parties no.1, 4 & 5; Mr. R.C. Mohanty, learned counsel appearing for opposite parties no.2 & 3 and Mr. P.K. Parhi, learned Dy. Solicitor General of India appearing for opposite parties no.6.
3. The petitioner has filed this writ petition seeking to quash the letter dated 11.12.2023 issued by the Addl. Directorate of Medical Education and Training, Odisha (Opp. Party No.3) and to issue direction to Opposite Party No.2 to consider the representation dated 12.12.2023 under Annexure-5 made by the petitioner and grant NOC to the petitioner's institution in the interest of justice.
Page 1 of 34. Mr. Devi Prasad Dash, learned counsel for the petitioner vehemently contended that by letter dated 11.12.2023, on consideration of the online application filed by the petitioner's institution, as per Govt. notification no. 26601/H dated 22.10.2019 for renewal of D-Pharma institution could not be considered, due to submission of fake fire safety certificate and, as such, by virtue of the notification dated 06.04.2021, the petitioner-institution has been debarred to apply for the same for the next five years, which itself amount to noncompliance of principles of natural justice and also the principles laid down by this Court in the case of Gandhi Institute of Technology and Management (GITAM), Bhubaneswar v. State of Odisha and others [W.P.(C) No. 27040 of 2023 disposed of on 11.09.2023], wherein reference has been made by this Court on the judgment of the apex Court in the case of Jaya Gokul Education Trust v. The Commissioner & Secretary to Government Higher Education Department, AIR 2000 SC 1614.
5. Mr. R.C. Mohanty, learned counsel appearing for opposite parties no.2 & 3 and Mr. P.K. Parhi, learned Dy. Solicitor General of India appearing for opposite party no.6 contended that since the principles have already been decided by the apex Court as well as this Court, this Court may direct the opposite parties to consider the representation and dispose of the same taking into account the judgment of this Court as well as the apex Court, mentioned supra.
6. Having heard learned counsel for the parties and after going through the records, but, however, without expressing any opinion on the merits of the case, this writ petition stands disposed of Page 2 of 3 directing the opposite parties to consider the grievance made by the petitioner-institution under Annexure-5 and pass a reasoned and speaking order taking into account the judgment passed by the apex Court in the case of Jaya Gokul Education Trust (supra) and of this Court in the case of Gandhi Institute of Technology and Management (GITAM), Bhubaneswar (supra), as expeditiously as possible, preferably within a period of three weeks from the date of production of certified copy of this order.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Laxmikant (M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: LAXMIKANT MOHAPATRA
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Jan-2024 18:23:29
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