Gitanjali Institute Of Nursing And ANR. v. State Of West Bengal And ORS.

WPA 21027 of 2023 Gitanjali Institute of Nursing & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Jayanta Kumar Mitra, Mr. Aryak Dutt, Mr. Raj Mohan Chattoraj, Ms. Laila Khatun, Ms. Debanwita Pramanik, Mr. Sourav Mondal ...for the Petitioner Mr. Amitava Chaudhuri, Mr. N. Roy ...for W.B.J.E.E.B.

Mr. Nilotpal Chatterjee ...for Indian Council of Nursing Mr. Amal Kr. Sen, Mr. Lal Mohan Basu ...for the State 29-08-2023 AKG Ct. 238 It appears that for no fault on the part of the petitioner no. 1/college, it was not included in the seat matrix of the Joint Entrance Test for Nursing, Paramedical, Allied Sciences Undergraduate Courses2023 with its correct name and status. It has, however, been pointed out by the learned advocate appearing on behalf of the State that the said mistakes have been rectified by a corrigendum dated August 28, 2023. The said corrigendum is quoted below: "No.HNG/4T-9-2019/1289 Date ..28.08.2023 CORRIGENDUM Please read as Gitanjali Institute Of Nursing P.OLohapur, P.S- Nalhati, Birbhum having INC affiliation, instead of "Gitanjali School & College Of Nursing, Birbhum" with status as-INC pending" in the JENPAS UG-2023 seat matrix.

Sd/-28.08.23 Director of Health Service Govt. of West Bengal"

There is no dispute that the mistakes as indicated above could not be attributed to the petitioners and due to the fault/mistake on the part of the State and the Joint Entrance Board, the right of the petitioners to admit students in the relevant academic session has suffered.

It appears from the schedule of counselling following the aforesaid examination that the dates for registration, payment of registration fee, and choice filling were fixed from August 22, 2023 to August 27, 2023. The dates for choice filling including choice locking were fixed on August 26, 2023 and August 27, 2023. The date of the first round of seat allotment result was fixed on August 29, 2023.

I am of the view that the interest of justice shall be subserved if the West Bengal Joint Entrance Board, after including the petitioner in the seat matrix with its correct name and status, makes suitable alteration in the schedule by extending the date of registration, payment of registration fee, choice filling and choice locking till September 1, 2023.

Unless the schedule of counselling is appropriately modified by the Board in terms of this order, it shall not publish the result of the first round of seat allotment. Since no affidavits have been filed by the respondents, the allegations made in this writ petition

shall be deemed to be denied by them.

WPA 21027 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)