Mohanpur Educational Trust vs The State Of West Bengal & Ors
2022 Latest Caselaw 7706 Cal

Court No. 22          IN THE HIGH COURT AT CALCUTTA
21.11.2022

Constitutional Writ Jurisdiction (Item No. 15) Appellate Side

(AB) W.P.A. 23804 of 2022 Mohanpur Educational Trust VS The State of West Bengal & Ors.

Mr. Lutful Haque Mr. G. K. Chowdhury ..... for the petitioner Mr. Swapan Kumar Datta Mr. Rajat Datta ...... for the State Mr. Nilotpal Chatterjee .... For INC Mr. D. N. Maiti Ms. S. Ghosal .... For WBUHS

Affidavit of service filed in Court, is taken on

record.

The petitioner before this Court, "Mohanpur

Education Trust" is a registered Trust (registered

under the Indian Trust Act) represented by its

President which carries on Nursing institution

imparting nursing Courses under the name and

style of "Kadambini Devi OSG Nursing institute".

The facts involved in this writ petition are not

disputed by the parties appearing before this Court.

The petitioner is a nursing institution for General

Nursing and Midwifery (GNM) and B.Sc. Nursing

courses, however since the petitioner (institution)

does not have the affiliation from the University

of Health Sciences, the petitioner is restricting

their prayers to the GNM Course only.

The petitioner has obtained the 'Essentiality

Certificate' from the Director of Health Services, West

Bengal, Annexure P - 1 to the writ petition, dated

February 24, 2022 and the 'Provisional Permission

for Nursing training institution' from the West Bengal

Nursing Council dated April 04, 2022, Annexure P-2

to the writ petition.

The parties appearing before this Court have

confirmed that, the issues involved in this writ

petition is already covered by a Judgment and order

dated August 26, 2022 passed by a coordinate

Bench in WPA 19040 of 2022. The parties have

further confirmed that the said Judgment and Order

dated August 26, 2022 bind them subject to facts of

this case.

The petitioner institution shall apply for

inspection for obtaining the "Suitability Certificate"

as per the provisions of the Indian Nursing Council

Act, Rules and Regulations. The petitioner

undertakes to carry out the necessary formality in

accordance with law.

In view of the above, this writ petition WPA

23804 of 2022 stands disposed of in the light of the

said Judgment and Order dated August 26, 2022

mentioned above including the directions made

therein and the Indian Nursing Council shall be at

liberty to take all further steps in the matter in

accordance with law.

This order shall not preclude the Indian

Nursing Council to take steps in accordance with law.

Photostat certified copy of this order, if applied

for, be furnished expeditiously.

(Aniruddha Roy, J.)