Papy Pattanayak And Others vs Dr. Siddhartha Niyogi And Others
2022 Latest Caselaw 4675 Cal

22nd July,
 2022
 (AK)
 07

                                   CPAN 608 of 2022
                                          in
                                  W.P.A 19993 of 2021

                            Papy Pattanayak and others
                                         Vs.
                          Dr. Siddhartha Niyogi and others


                          Mr.   Soumya Majumdar
                          Mr.   Biswaroop Bhattacharya
                          Mr.   Subhankar Chakraborty
                          Mr.   Saptarshi Bhattacharjee
                                                   ...for the petitioner.

                          Mr. Amitava Choudhury
                          Mr. Nirmalya Roy
                                    ...for the alleged contemnor no.2.

                          Mr. Nilotpal Chatterjee
                                     ...for the Indian Nursing Council.



                  A corrigendum issued by the Directorate of the

             Health Services on 22.03.2022 states that all candidates

             of M.Sc. Nursing and Post Basic B.Sc. Nursing can

             appear in a specific round of counselling to be held on

             26.03.2022. This was after the judgment passed by this

             court on 1st March, 2022 in WPA 19993 of 2021. The

             impugned document later issued by the Directorate of the

             Health Services on 17.05.2022 states that the candidates

             who came to the court by this writ petition may be

             considered to take admission but that the admission has

             already closed on 07.04.2022 for the academic session

             2021-2022.

                  The above two documents show that the alleged

             contemnor had time from 22.03.2022 to 07.04.2022 to
                                2




comply with the orders passed by this court. Instead,

however,   the     alleged   contemnor   by   the   letter   of

17.05.2022

chose to put the onus on the Indian Nursing

Council in relation to the cut off date for the admission.

This shows a prima facie violation on the part of the

alleged contemnor no.1. The onus cannot be shifted on

the INC after 07.04.2022 when the cut off date was

always in the knowledge of the alleged contemnor.

It is submitted on behalf of the alleged contemnor

no.1 that appeals have been filed from the judgment

dated 1st March, 2022 which are pending before the

Division Bench. There is, however, no plausible reason

shown for non-compliance of the order passed by this

court on 10.05.2022.

The alleged contemnor nos.1 and 2 are directed to

file their respective affidavits stating their contentions by

27th July, 2022.

List this matter on 1st August, 2022.

The copies of the affidavit should be served on the

petitioner as well as the Indian Nursing Council on 28th

July, 2022.

(Moushumi Bhattacharya, J.)