Cooch Behar Biren Kundu Welfare Organization v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 2717 of 2022 Cooch Behar Biren Kundu Welfare Organization VS The State of West Bengal & Ors.
Mr. Pintu Karar Mr. Akashdeep Mukherjee Ms. Sayani Manna ..... for the petitioner Mr. Swapan Kumar Dutta Mr. Tapas Kr. Mandal ...... for the State Mr. D. N. Maiti .... For WBUHS Mr. Nilotpal Chatterjee ... for the Indian Nursing Council(INC) Report in the form of an affidavit on behalf of Court No. 22 28.9.2022 (Item No. 1) (AB) the State / Respondents is taken on record.
The petitioner before this Court, "Cooch Behar Biren Kundu Welfare Organization" is a registered Society (under West Bengal Society Registration Act) represented by its secretary, which carries on Nursing institution imparting nursing Courses under the name and style of "Subham Nursing Institution." 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) and B.Sc. Nursing courses, however since the petitioner (institution) does not have the affiliation from the University of Health Sciences, the petitioner is restricting its prayers to the GNM Course only.
The petitioner has obtained the 'Essentiality Certificate' from the Director of Health Services, West Bengal, Annexure - P1 to the writ petition, dated August 04, 2021 and the 'Final Permission for Nursing training institution' from the West Bengal Nursing Council dated August 27, 2021, Annexure - P2 to the writ petition.
The parties appearing before this Court have confirmed that the issues involved in this writ petition is already covered by a Judgement and order dated August 26, 2022 passed by a co-ordinate Bench in WPA 19040 of 2022. The parties have further confirmed that the said Judgement and Order dated August 26, 2022 bind them subject to facts of this case.
The petitioner institution shall apply for inspection for obtaining the "Suitability Certificate" as per the provisions of the Indian Nursing Council Act, Rules and Regulations. The petitioner undertakes to carry out the necessary formality in accordance with law.
In view of the above, this writ petition WPA 2717 of 2022 stands disposed of in the light of the said Judgement and Order dated August 26, 2022 mentioned above including the directions made therein and the Indian Nursing Council shall be at liberty to take all further steps in the matter in accordance with law.
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.)