Gurukul Institute Of Nursing vs State Of West Bengal & Ors
2023 Latest Caselaw 776 Cal

 39     30.01
Ct No

        2023                       W.P.A. 761 of 2023
AGM

                             Gurukul Institute of Nursing
                                          Vs
                              State of West Bengal & Ors


                Mr. Sambhunath De,
                                                ... For the Petitioner.

                Mr. Nilotpal Chatterjee,

... For the Indian Nursing Council.

Petitioner seeks similar benefits as have been

granted by the order dated August 18, 2022, as annexed

at page 21 to this writ petition.

It has been submitted by the petitioner that it

obtained Essentiality Certificate on December 8, 2022.

Thereafter the Provisional Certificate was obtained from

the Registrar, West Bengal Nursing Council on 27 th

December, 2022.

It has been further submitted that the Nursing

Council accepted Rs. 80,000/- as fees from the petitioner

for the purpose of admission.

The petitioner prays that it should be allowed to

admit students and take part in the counselling process

for the academic year 2022-23.

Mr. Nilotpal Chatterjee, learned advocate appearing

for the Indian Nursing Council submits that the council

has already fixed the last date for the admission on 1 st

December, 2022 for the session 2022-23. The Supreme

Court by an order passed in Special Leave to Appeal No.

10571 of 2022 (St. Stephens Hospital College of Nursing -

vs- Union of India & Ors) has declined to extend the said

last date of admission fixed by the Indian Nursing Council

for the year 2021-2022.

The relevant portion of the said judgment is quoted

below:

" From the Notification issued by the Indian Nursing Council, the last date of admission for all nursing programmers for the year 2021-2022 was 31 st of March, 2022. As per the settled position of law, the time schedule for admission in the educational institutions has to be adhered to. As such, the High Court has rightly refused to entertain the petitions and grant any relief of further Mop- up to fill up the seats, which have remained vacant. So far as the submission on behalf of the petitioners that in the case of two other Government institutions, the time limit was extended to 15th of May, 2022 is concerned, the same is neither here nor there. There cannot be any negative discrimination.

With respect to all other institutions, the time limit of 31st March, 2022 has been adhered to. Even the date of 15th May, 2022 has already gone. The process of admissions in the educational institutions cannot be endless. It must come to an end at a particular point of time. If there is any extension and/or deviation from the time schedule, that will ultimately affect the education.

Under these circumstances, we see no reason to interfere with the judgment and order (s) passed by the High Court. The Special Leave Petition as well as the Writ Petition are, accordingly, dismissed."

No doubt that the petitioner has completed the

formalities as indicated above and paid the requisite fees

for admission of the students. This does not necessarily

permit the petitioner to admit students beyond the last

date of admission fixed by the Indian Nursing Council.

I am not inclined to entertain the writ petition in

view of the order passed by the Supreme Court as quoted

above.

Needless to mention that the petitioner will be

entitled to admit students in the next academic session in

accordance with law.

Accordingly, WPA 761 of 2023 stands dismissed.

( Kausik Chanda, J.)