Monisha Porey v. State Of West Bengal And ORS.

10.06.2024 WPA 12180 of 2024 Monisha Porey -vsThe State of W.B. & ors.

Mr. Pankaj Halder Mr. Neelabha Bera ...for the petitioner Mr. Nilotpal Chatterjee ..for the Indian Nursing Council Mr. Amitava Chaudhuri ...for the State Affidavit of service filed on behalf of the petitioner is ssi Ct 17 taken on record.

Despite service, no one appears on behalf of the respondent nos. 3 and 4, although the petitioner and the Indian Nursing Council are represented.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a nurse who had obtained BSC in Nursing Programme from the ITM University Gwalior, Madhya Pradesh. She is presently registered with the Madhya Pradesh Nurses Registration Council. She wants to have a reciprocal registration with the West Bengal Nursing Council.

Accordingly, an application/representation was made on 31.03.2023, but the same has not been considered yet. In fact, in similar matters, the West Bengal Registration Nursing Council had rejected such prayers of applicants on the ground that the

courses they had undergone in the other State were semesters based. By a judgment and order dated 06.05.2024 passed by a Co-ordinate Bench of this Court in WPA 11514 of 2024, it was held that simply because the examinations in the other State were based on semesters, a candidate could not be denied registration with the West Bengal Nursing Council.

Learned counsel appearing on behalf of the Indian Nursing Council submits that the representation may be considered by the appropriate authority in accordance with law.

It appears that in similar matters, a Co-ordinate Bench of this Court had passed orders upon the West Bengal Nursing Council to consider the representation of the candidates seeking registration with the said Council. In view of the above and in the interest of justice, regardless of whether the nursing course undergone by the petitioner in the other State was semester based or not, let the representation of the petitioner for registration with the West Bengal Nursing Council be considered by the State Council/respondent no.4 in accordance with law and as expeditiously as possible, preferably within a period of four weeks from the date of communication of this order. The result of such consideration shall also be communicated to the petitioner within a week therefrom.

With these observations, the writ petition is disposed of.

However, the merits of the case have not been entered into.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)