Na Hanyate Foundation vs The State Of West Bengal & Ors
2022 Latest Caselaw 6352 Cal

20   07.9.2022                       WPA 20444 OF 2022
Sc   Ct. no.22                              --------------


                                    Na Hanyate Foundation
                                                 Vs.
                                 The State of West Bengal & Ors.


                       Mr. Lutful Hoque
                                                             .... For the Petitioner
                       Mr. Swapan Banerjee
                       Mr. Somenath Ghosh.
                                                       ... For the Respondents/

State Mr. Debaki Nandan Maiti.

...For the Respondent/ West Bengal University of Health Sciences Mr. Nilotpal Chatterjee ...For the Respondent/ Indian Nursing Council

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.

The petitioner has obtained the 'Essentiality

Certificate' from the Director of Health Services, West

Begnal, Annexure-P1 to the writ petition, dated February

17, 2022 and the 'Permission for Opening New College

of Nursing' from the West Bengal Nursing Council dated

May 31, 2022, Annexure-P2 to the writ petition. The

petitioner had also obtained a provisional approval for

'B.Sc. Nursing' from the West Bengal University of Health

Sciences, Annexure - P3 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 19046

of 2022 along with a cluster of other writ petitions. The

parties have further confirmed that the said Judgment

and Order dated August 26, 2022 bind them subject to

the facts of this case. The petitioner is yet to apply 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 and make application for the same.

In view of the above, this writ petition WPA 20444

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.)