Bhaskarananda Halder vs The State Of West Bengal & Ors
2023 Latest Caselaw 129 Cal/2

ORDER                                                                           OD-3

                                 WPO(P)/10/2021

                    IN THE HIGH COURT AT CALCUTTA
                   CONSTITUTIONAL WRIT JURISDICTION
                             ORIGINAL SIDE

                        BHASKARANANDA HALDER
                                VERSUS
                    THE STATE OF WEST BENGAL & ORS.

  BEFORE:
  THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
  THE HON'BLE JUSTICE RAJARSHI BHARADWAJ
  DATE : 13th January, 2023

                                                                            APPEARANCE:
                                                               Mr. Srikanta Dutta, Advocate
                                                      Ms. Rituparna Sarkar Dutta, Advocate
                                                                            ... for petitioner.
                                                                 Mr. Pratik Dhar, Advocate
                                                            Mr.Ritwik Pattanayak, Advocate
                                                             Mr. Pappu Adhikari, Advocate
                                                                ...for respondent nos.4 & 5

Mr. Amitesh Banerjee, Sr. Standing Counsel Mr. Debasish Ghosh, Advocate ..for State

The Court:- The affidavit in reply in response to the affidavit in

opposition of the respondent nos. 4 and 5 is taken on record.

Learned Senior Standing Counsel for the State has informed that

though in pursuance to Section 38 of the West Bengal Clinical

Establishments (Registration, Regulation and Transparency) Rules, 2017,

the Commission has made the recommendation to the State, but in the

meanwhile the guidelines issued by the State of Maharashtra having similar

effect were challenged before the Nagpur Bench and were struck down by

the High Court holding that the State did not have any such power. Against

the said judgment of Nagpur Bench, SLP has also been dismissed. He is

permitted to place on record the stand of the State in this regard by way of a

short affidavit. Let the same be filed within three weeks. Thereafter,

exception, if any, be filed within a week.

List of 17th March, 2023.

(PRAKASH SHRIVASTAVA, C.J.)

(RAJARSHI BHARADWAJ, J.)

sm/s.kumar