(Rohinton Fali Nariman and Indu Malhotra, JJ.)
Sundargarh GNM Training School ___________________ Appellant
v.
The State of Odisha & Ors. _____________________ Respondent(s)
Civil Appeal No. 6202 of 2018 [Arising out of S.L.P. (C) No. 12687/2018], decided on July 10, 2018
The Order of the court was delivered by
Order
1. Heard the learned Senior Counsel/Counsel for the parties.
2. Leave granted.
3. It is an admitted fact that 22 out of 31 students admitted for the year 2016-17 for the course run by the appellant (which results in a diploma in nursing) completed their course. However, due to the Inspectors of the respondent, arriving on a certain date and not disclosing their identity, the first inspection report was found to be against the appellant, according to the appellant.
4. We may hasten to add that recognition was granted for the appellant for the previous five years, based on inspections conducted, and, when re-inspection was ordered, the re-inspection also showed that the appellant’s Institution was otherwise in order.
5. This being the case, the rejection order of the Respondent No. 2 dated 26.05.2017 solely on the ground that the first inspection yielded a negative result cannot be countenanced by us.
6. In this view of the matter, we order that the 22 students in question be allowed to take the next examination that is due to be held on the basis that the Institution was recognized for the year in question i.e. 2016-17.
7. We, therefore, set aside the order of 26.05.2017 and the impugned judgment of the High Court dated 25.04.2018.
8. The appeal is disposed of in the aforesaid terms.
Petition(s) for Special Leave to Appeal (C) No(s). 12687/2018
Sundargarh GNM Training School ______________________ Petitioner
v.
The State of Odisha & Ors _________________________ Respondent(s)
(FOR ADMISSION and I.R.)
Date : 10-07-2018 This petition was called on for hearing today.
(Before Rohinton Fali Nariman and Indu Malhotra, JJ.)
For Petitioner(s) Mr. J.P. Cama, Sr. Adv.
Mr. Prabhat Kumar, Adv.
Mr. Parvez Bashista, Adv.
Mr. Munesh Kumar, Adv.
Mr. Debasis Misra, AOR
For Respondent(s) Mr. V.S.R. Krishna, Adv.
Mr. T. Mahipal, AOR
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
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