Debabrata Das vs The State Of West Bengal & Ors
2022 Latest Caselaw 7130 Cal

Court No. 22            IN THE HIGH COURT AT CALCUTTA
28.9.2022

Constitutional Writ Jurisdiction (Item No. 17) Appellate Side

(AB) W.P.A. 21913 of 2022 Debabrata Das VS The State of West Bengal & Ors.

Mr. Kalyan Kumar Chakraborty Mr. Kashinath Bhattacharya Mr. Ashok Halder Ms. Anjana Mehebub Mr. Somnath Bhattacharjee ..... for the petitioner Mr. Sudipto Panda Mr. Subrata Ghosh ...... for the State Mr. Nilotpal Chatterjee .... For INC Mr. D. N. Maiti .... For WBUHS

Affidavit of service filed in Court, is taken on

record.

The petitioner before this Court is the

Secretary of Dakshin Dinajpur Social Welfare Trust

which carries on nursing institution imparting

nursing courses under the name and style of

"Dakshin Dinajpur 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 its

prayers to the GNM Course only and not pressing

the prayers in respect of B.Sc Nursing.

The petitioner has obtained the 'Essentiality

Certificate' from the Director of Health Services, West

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

August 05, 2022 and the 'Provisional Permission for

Nursing training institution' from the West Bengal

Nursing Council dated August 17, 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

21913 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.)