Susparsha Educare Foundation v. The State Of West Bengal And ORS.

25 05.9.2022 WPA 20154 OF 2022 Sc Ct. no.22 -------------- Susparsha Educare Foundation Vs.

The State of West Bengal & Ors.

Mr. Probal Mukherjee Ms. Sebatee Datta.

.... For the Petitioner Mr. Sudipto Panda Mr. Sajal Kr. Pandit.

... For the Respondents/ State Mr. Nilotpal Chatterjee ...For the Respondent/ Indian Nursing Council The writ petition was called on in the morning when the respondents were not represented. Ms. Sebatee Datta, learned advocate appeared for the writ petitioner and submitted that, there was an urgency involved in this writ petition and as such, she prayed for the matter may be taken up at 2-00 P.M. when after serving notice upon the respondents she would come before this Court.

Accordingly, notice was served and as would be evident from the affidavit-of-service, affirmed on September 5, 2022, the same is taken on record. Another affidavit-ofservice affirmed on September 5, 2022 is also taken on record.

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).

The petitioner has obtained the 'Essentiality Certificate' from the Director of Health Services, West Begnal, Annexure-P1 to the writ petition, dated July 8, 2022 and the 'Permission for Opening New College of Nursing' from the West Bengal Nursing Training Institution, Annexure-P2 to the writ petition, dated August 17, 2022.

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.

In view of the above, this writ petition WPA 20154 of 2022 stands disposed of in the light of the said Judgment and Order dated August 26, mentioned above including the directions made therein. However, this order shall be restricted to General Nursing and Midwifery (GNM), since the writ petitioner is as such.

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.)