Reya Das v. State Of West Bengal And ORS.
WPA 24170 of 2023 Reya Das Vs.
The State of West Bengal & Ors.
Mr. Supratik Roy, Ms. Akansha Mukherjee, Mr. Shuvajit Roy ...for the Petitioner Mr. Pinaki Dhole, Md. Ziaur Rahaman ...for the State Mr. Nilotpal Chatterjee ...for Indian Nursing Council 21-12-2023 AKG Ct. 238 The petitioner submits that her prayer for reciprocal registration has been rejected by respondent no. 3.
Though there is no specific communication providing the reason for denial of reciprocal registration to the petitioner, learned advocate representing the State submits that since the petitioner passed Higher Secondary examination from West Bengal State Council of Technical and Vocational Education and Skill Development in Agriculture, he is not eligible for the registration.
The issue has been decided by a Division Bench of this Court in MAT 2418 of 2023 (Suprana Maity Vs. The State of West Bengal & Ors.). The relevant part of the said judgment dated December 14, 2023, is quoted below: "The appellant has pursued her studies in regular vocational stream. However, the disciplined group is agriculture. Irrespective of the fact that the disciplined group is agriculture her subject
combination disclosed at page 22 Annexure „p-1‟ shows that she has studied bio-science, physics and chemistry.
The documents disclosed at page 43 shows that candidates with arts and commerce background have been included in the list of GNM 1st Year 2022-25.
Students having academic background of bio-science, physics and chemistry would be on a better footing and suitable for the job than a student with arts or commerce background.
Although, in the eligibility criteria it is stated that for regular candidates with arts background science would be preferred, there is no material produced before us showing that the large number of candidates with arts as subject has science background. The list of candidates mentioned in the list at Page 43 shows large number of students in Arts and Commerce are allowed admission.
Moreover the advertisement clearly states that students with science background should be preferred.
The appellant was denied registration after she completed one year training course.
Her eligibility was not denied at the threshold. It shall be presumed that at the time when she was allowed training, the authorities concerned must have considered the subjects she studied in the vocational course and found her suitable and eligible for training."
In view of the aforesaid judgments dated December 14, 2023, the writ petition stands allowed. Respondent no. 3 shall grant reciprocal registration to the petitioner within one-week from the date of communication of this
order.
Accordingly, WPA 24170 of 2023 is disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)