Dr. Shahidullah Memorial Trust vs The State Of West Bengal & Ors
2022 Latest Caselaw 6623 Cal

7    15.9.2022                         WPA 20668 OF 2022
AB    Ct. no.22                              --------------


                                  Dr. Shahidullah Memorial Trust
                                                Vs.
                                   The State of West Bengal & Ors.


                        Mr. Lutful Hoque
                                                              .... For the Petitioner
                        Mr. Swapan Kumar Datta
                        Mr. Dipankar Das Gupta
                                                      ... For the Respondents/

State Mr. Debaki Nandan Maiti ...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. Swapan Kumar Datta, learned senior State

counsel with Mr. Dipankar Das Gupta, learned advocate

appears for the State.

Mr. Debaki Nandan Maiti, learned counsel appears

for the West Bengal University of Health Sciences.

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 24, 2022 and the 'Permission for Opening

New College of Nursing' from the West Bengal Nursing

Council dated April 4, 2022, Annexure - P2 to the writ

petition. The petitioner had also obtained a provisional

approval for 'B.S.C. 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 20668

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.)