Rupa Patra vs The State Of West Bengal & Ors
2022 Latest Caselaw 3539 Cal

   Ct. 05
Item No.20
24.06.2022

(suvendu)

WPA 15970 of 2021

Rupa Patra Vs.

The State of West Bengal & Ors.

Mr. K.C.Das Mr. Sk. Sahjahan ..........for the petitioner

Mr. Jishnu Chowdhury Ms. Amrita Panja Moulick ..........for the State

Mr. Nilotpal Chatterjee ......for the INC

The affidavit of service is taken on record.

The petitioner is aggrieved by the rejection

of the reciprocal registration applied for by the

West Bengal Nursing Council with the

endorsement that the petitioner falls short in her

marks in English in the Higher Secondary

examination.

According to learned counsel appearing

for the petitioner, the West Bengal Nursing

Council is not entitled to question the marks

obtained by the petitioner in the Higher Secondary

examination.

Learned counsel appearing for the West

Bengal Nursing Council places the marks obtained

by the petitioner in English in the Higher

Secondary examination conducted by the West

Bengal Council of Higher Secondary Education.

Counsel is, however, fair enough to also point to

the high marks obtained by the petitioner in the

Nursing examination conducted by the Karnataka

State Diploma in Nursing Examination Board.

Learned counsel appearing for the Indian

Nursing Council relies on an order passed by a

Division Bench of this Court on 6th April, 2022 by

which the West Bengal Nursing Council was

directed to consider the case of the petitioner for

grant of reciprocal registration in accordance with

law.

Although the marks obtained by the

petitioner in the Nursing examination in

Karnataka are well above average, the

endorsement of the West Bengal Nursing Council

in rejecting the application of the petitioner on

18.06.2021 remains and would hence have to be

gone into by the State authority. The West Bengal

Nursing Council is hence directed to consider the

case of the petitioner in granting reciprocal

registration to the petitioner having due regard to

the high marks obtained by the petitioner in the

relevant examination in Karnataka.

The petitioner is entitled to a reasoned

order and not a cryptic hand-written rejection by

the authority. The case of the petitioner shall be

considered and disposed of by way of a reasoned

order within a period of two weeks from date

taking into account the high marks obtained by

the petitioner in the Nursing Course. A copy of the

reasoned order shall be made available to the

petitioner within a period of one week from the

date on which such order is passed.

The Division Bench judgment relied on by

the petitioner and annexed to the writ petition is

found to be distinguishable on the facts.

WPA 15970 of 2021 is disposed of in

terms of the above.

Urgent photostat certified copy of this

order, if applied for, be given to the parties on

usual undertakings.

(Moushumi Bhattacharya, J.)