Barnoparichy Educational Trust vs The State Of West Bengal & Ors
2022 Latest Caselaw 6524 Cal

22   13.9.2022                       WPA 20666 OF 2022
Sc   Ct. no.22                              --------------


                                  Barnoparichy Educational Trust
                                                 Vs.
                                  The State of West Bengal & Ors.


                       Mr. Lutful Hoque
                                                             .... For the Petitioner
                       Mr. Swapan Kumar Datta
                       Mr. Tapas Kr. Mandal.
                                                     ... For the Respondents/

State Mr. Debaki Nandan Maiti Mr. Asumdipta Santra.

...For the Respondent No. 5/ West Bengal University of Health Sciences Mr. Nilotpal Chatterjee ...For the Respondent/ Indian Nursing Council

Mr. Lutful Haque, learned counsel appears for the

petitioner.

Mr. Nilotpal Chatterjee, learned counsel appears for

the Indian Nursing Council.

Mr. Tapas Kumar Mandal appears for the State led

by Mr. Swapan Kumar Datta, learned senior State

counsel.

Mr. Asumdipta Santra, learned counsel appears for

the West Bengal University of Health Sciences led by Mr.

Debaki Nandan Maiti, learned counsel.

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 May 27,

2022 and the 'Permission for Opening New College of

Nursing' from the West Bengal Nursing Council dated

July 4, 2022, Annexure - P2 to the writ petition. The

petitioner had also obtained a provisional approval for

'General Nursing and Midwifery (GNM)' 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 20666

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.)