Calcutta High Court (Appellete Side)
Minerva School Of Nursing vs The State Of West Bengal & Ors on 2 March, 2022
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
Ct. 05 Item No.10 02.03.2022
(suvendu) WPA 2817 of 2022 [Via Video Conference] Minerva School of Nursing Vs. The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya Ms. Deblina Chattaraj .......for the petitioner Mr. D.N.Maity ......for the WBUHS Mr. Nilotpal Chatterjee .......for the INC Mr. Supriya Chattopadhyay Mr. Biswarup Biswas ..............for the State The petitioner prays for setting aside of two communications dated 21st January, 2021 and 23rd December, 2021 of the Indian Nursing Council by which the petitioner's seats for the General Nursing and Midwifery Course (GNM) was restricted to 60 for the academic year 2021-2022.
The petitioner's case is that the petitioner has already admitted 90 students for the said course and further that the Indian Nursing Council Act, 1947 does not entitle the Indian Nursing Council to reduce the number of seats under Section 13 which provides for inspection. Learned counsel appearing 2 for the petitioner also submits that the West Bengal Nursing Council by a document dated 12th April, 2021 has permitted the petitioner to have 100 seats for the GNM course for the academic year 2020-21.
After hearing learned counsel appearing for the Indian Nursing Council and the State, it appears that by an Essentiality Certificate dated 14 th July, 2020, the Director of Health Services has permitted the petitioner to enhance the number of seats for the GNM course from 50 to 90 from the academic session of 2020-2021 subject to fulfillment of several conditions, foremost of which included obtaining approval of Indian Nursing Council and the West Bengal Nursing Council. It appears that although the West Bengal Nursing Council gave the permission on 12th April, 2021, the Indian Nursing Council by three communications gave the permission only for 60 seats. The impugned communications indicate that the intake capacity was restricted to 60 after the visit of Inspectors under Section 13 of the Act. The communications further indicate that the petitioner submitted wrong information with regard to the number of beds in the parent hospital which has a bearing on intake of students.
The Indian Nursing Council (Minimum Pre- requisites For Granting Suitability to Nursing 3 Programs) Regulations, 2020 and Regulation 15 thereunder provides for inspection for enhancement of seats under Section 13 of the Act. Regulation 17
(iii) provides for sanction of a maximum number of 60 seats for the GNM Nursing Program on the basis of the number of beds in the parent hospital and the teaching and the physical facilities for the course. These Regulations hence entitles the Indian Nursing Council to sanction the number of seats to a maximum number of 60 on the basis of certain information apparent from the inspection conducted under Section 13 of the Act.
In view of the above facts and Regulations, this Court does not find any infirmity with the impugned communications of January and December, 2021 followed by the third communication dated 3rd February, 2022 of the Indian Nursing Council. There is, therefore, no ground made out for grant of any interim order quashing the said communications. In any event, the petitioner has already admitted 90 students for the relevant course.
This Court considers it fit to point out that in WPA 20096 of 2021, an order was passed on 16 th December, 2021 holding that affiliation of the Indian Nursing Council was not required for Nursing Schools and Colleges.
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It should also be pointed out that in the present matter the only issue to be considered is the enhancement of the number of seats in the concerned College. In the earlier writ petition, the petitioner had also obtained an Essentiality Certificate from the concerned authority without any conditions attached on the approval of the maximum number of seats.
The prayer for interim order is hence refused.
Let affidavit-in-opposition be filed within three weeks from date and Reply within one week thereafter.
List this matter after four weeks. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Moushumi Bhattacharya, J.)