Calcutta High Court (Appellete Side)
Basudeb Nursing Academy vs The State Of West Bengal & Ors on 26 August, 2022
Author: Kausik Chanda
Bench: Kausik Chanda
S/L 49-69 & 71-75
26.8.2022
Court No.21
SD
WPA 19046 of 2022
Basudeb Nursing Academy
Vs.
The State of West Bengal & Ors.
With
WPA 19052 of 2022
DMBH School of Nursing
Vs.
The State of West Bengal & Ors.
With
WPA 19081 of 2022
Swatirtha Charitable Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19098 of 2022
Burman Khatua Mishra Educational Society
Vs.
The State of West Bengal & Ors.
With
WPA 19103 of 2022
Fajila Begum Educational & Welfare Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19107 of 2022
Kalpana Foundation
Vs.
The State of West Bengal & Ors.
With
WPA 19112 of 2022
Swatirtha Foundation
Vs.
The State of West Bengal & Ors.
With
WPA 19114 of 2022
Illambazar Educational & Welfare Foundation
Vs.
The State of West Bengal & Ors.
2
With
WPA 19118 of 2022
Durgapur Social & Educational Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19152 of 2022
Sadiya Institute of Nursing
Vs.
The State of West Bengal & Ors.
With
WPA 19183 of 2022
Parbatipur Educational Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19187 of 2022
Chatta Begum Rokeya Educational Society
Vs.
The State of West Bengal & Ors.
With
WPA 19191 of 2022
Bhattacharya Engineering Education & Research Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19209 of 2022
Nidan Educational & Welfare Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19221 of 2022
Dream Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 19226 of 2022
Durgapur Sammilani Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 19239 of 2022
3
Maheshtala Municipal Institute of Nursing Sciences
Vs.
The State of West Bengal & Ors.
With
WPA 19243 of 2022
Dishari Academic Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19270 of 2022
Helal Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 19275 of 2022
Srijoni Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 19277 of 2022
Bengal Nursing Home & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 19317 of 2022
Joy Welfare Nursing Institute
Vs.
The State of West Bengal & Ors.
With
WPA 19336 of 2022
Bookleaf Educational Trust
Vs.
The State of West Bengal & Ors.
With
WPA 19340 of 2022
Ideal Science & Research Welfare Hub
Vs.
The State of West Bengal & Ors.
With
WPA 19382 of 2022
Rabindranath Tagore Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
With
4
WPA 19386 of 2022
Annapurna Nursing Institute & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Sambhunath De
Ms. Krishna Yadav
... for the Petitioner
WPA 19046 of 2022
WPA 19052 of 2022
WPA 19152 of 2022
Mr. Lutful Haque
... for the Petitioner
WPA 19081 of 2022
WPA 19098 of 2022
WPA 19103 of 2022
WPA 19107 of 2022
WPA 19112 of 2022
WPA 19114 of 2022
WPA 19118 of 2022
WPA 19183 of 2022
WPA 19187 of 2022
WPA 19191 of 2022
WPA 19209 of 2022
WPA 19239 of 2022
WPA 19243 of 2022
Mr. Shuvro P. Lahiri
Mr. K. Ganguly
Mr. T. Mukherjee
... for the Petitioner
WPA 19221 of 2022
WPA 19226 of 2022
WPA 19270 of 2022
WPA 19275 of 2022
WPA 19277 of 2022
WPA 19382 of 2022
WPA 19386 of 2022
Mr. Tulshi Das Roy
Mr. Tirthankar Roy
... for the Petitioner
WPA 19317 of 2022
Mr. Probal Kr. Mukherjee
Ms. Shebatee Datta
... for the Petitioner
WPA 19336 of 2022
WPA 19340 of 2022
Ms. Sweta Mukherjee
Mr. Prantik Garai
5
... for the State
WPA 19046 of 2022
Mr. Swapan Kumar Datta
Mr. Rajat Dutta
... for the State
WPA 19052 of 2022
Mr. Asish Kr. Guha
Mr. Joyak Kumar Gupta
... for the State
WPA 19081 of 2022
Ms. Sudipa Roy
Mr. Srinath Singha Roy
... for the State
WPA 19098 of 2022
Md. Galib
Mr. Sutanu Chakraborti
... for the State
WPA 19103 of 2022
WPA 19112 of 2022
WPA 19221 of 2022
WPA 19239 of 2022
Mr. Swapan Kr. Datta
Mr. Tapas Kr. Dey
... for the State
WPA 19107 of 2022
WPA 19226 of 2022
Mr. Sudipto Panda
Ms. Munmun De
... for the State
WPA 19114 of 2022
Mr. Swapan Kr. Datta
Mr. Subhabrata Das
... for the State
WPA 19118 of 2022
Mr. Tapan Kr. Mukherjee
Ms. Tuli Sinha
... for the State
WPA 19152 of 2022
Mr. Tapan Kr. Mukherjee
Mr. Somnath Naskar
... for the State
WPA 19183 of 2022
Mr. Swapan Kumar Datta
Mr. Rajat Dutta
... for the State
WPA 19187 of 2022
WPA 19386 of 2022
WPA 19317 of 2022
WPA 19239 of 2022
Mr. Swapan Kr. Datta
Mr. Tapas Kr. Mondal
6
... for the State
WPA 19191 of 2022
WPA 19275 of 2022
WPA 19277 of 2022
WPA 19303 of 2022
WPA 19221 of 2022
Ms. Chhama Mukherjee
Mr. Siraj Gooptu
... for the State
WPA 19209 of 2022
Mr. Swapan Kr. Datta
Mr. Dipankar Dasgupta
... for the State
WPA 19243 of 2022
WPA 19336 of 2022
WPA 19382 of 2022
Mr. Swapan Kr. Datta
Mr. Produyt Kr. Das
... for the State
WPA 19270 of 2022
Mr. D.N. Maiti
... for the WBUHS.
Mr. Nilotpal Chatterjee
... for the Indian Nursing Council.
Since common facts are involved in these writ
petitions, they are taken up for hearing together and
disposed of by this common judgment and order.
The facts involved in these writ petitions are not
disputed by the parties before this Court. The writ petitioners
are different nursing institutions for general nursing and
midwifery ("GNM" in short) and B.Sc. (Nursing) Courses.
All the institutions have obtained the Essentiality
Certificate from the Director of Health Services, West Bengal
for the said courses and they have also permission from West
Bengal Nursing Council for the said purpose.
The institutions also have affiliation with the West
Bengal University of Health Sciences.
7
It is the common grievance of the writ petitioners that
for the academic year 2022-23, their names have not been
included by the State in the Seat Matrix for B.Sc. (Nursing)
Course and/or G.N.M. Course.
The State justifies its stand by filing an affidavit which
suggests that the writ petitioners have failed to obtain
necessary recognition from the Indian Nursing Council
under Section 10 of the Indian Nursing Council Act, 1947.
It has further been suggested by the State that the
statutory inspection in the said institutions by the Indian
Nursing Council in some of the institutions revealed certain
deficiencies and writ petitioners have failed to obtain
recognition from the INC under Section 10 of the Indian
Nursing Council Act, 1947 after curing such deficiencies
before the date of publication of the Final Seat Matrix for the
B.Sc. Nursing Course and GNM Course Counseling for the
Academic year 2022-2023.
Section 10 of the Indian Nursing Council Act, 1947
provides for recognition of qualifications. The said Section is
quoted below:-
10 Recognition of qualifications:-
(1) For the purposes of this Act, the
qualifications included in 15 [Part I of] the Schedule
shall be recognised qualifications, and the
qualifications included in Part II of the Schedule shall
be recognised higher qualifications.
(2) Any authority within the States 16 [* * *]
which, being recognised by the State
Government 17 [in consultation with the State
Council, if any] for the purpose of granting any
qualification, grants a qualification in general nursing,
midwifery, 18 [auxiliary nursing midwifery], health
visiting or public health nursing, not included in the
8
Schedule may apply to the Council to have such
qualification recognised, and the Council may declare
that such qualification, or such qualification only
when granted after a specified date, shall be a
recognised qualification for the purposes of this Act.
(3) The Council may enter into negotiations
with any authority 19 [in any 20 [territory of India to
which this Act does not extend] or foreign country]
which by the law of 21 [such territory] or country is
entrusted with the maintenance of a register of nurses,
midwives or health visitors, for the settling of a
scheme of reciprocity for the recognition of
qualifications, and in pursuance of any such scheme
the Council may declare that a qualification granted
by any authority in any 22 [such territory] or country,
or such qualification only when granted after a
specified date, shall be a recognised qualification for
the purposes of this Act:
Provided that no declaration shall be made
under this sub-section in respect of any qualification
unless by the law and practice 23 [of the foreign
country] in which the qualification is granted persons
domiciled or originating 24 [in India] and holding
qualifications recognised under this Act are permitted
to enter and practise the nursing profession 25 [in
that country]
Provided further that-
(i) any reciprocal arrangements subsisting at
the date of the commencement of this Act between a
State Council and any authority outside India for the
recognition of qualifications shall, unless the Council
decides otherwise, continue in force, and
(ii) any qualification granted by an authority in
a territory of India to which this Act did not extend at
the date of its commencement, and recognised on the
said date by the State Council of a State to which this
Act then extended, shall continue to be a recognised
qualification for the purpose of registration in that
State.]
(4) The provisions of sub-sections (2) and (3)
and of sections 14 and 15 shall apply mutatis mutandis
to the declaration by the Council of a qualification
granted in respect of post-certificate nursing training
as a recognised higher qualification.
A bare perusal of Section 10 does not indicate that it
speaks of recognition of the training institutions for B.Sc.
(Nursing) Course and G.N.M. Course. It speaks of
recognition of qualifications included in Part-I and Part-II of
9
the schedule to the said Act. The Schedule to the said Act, in
fact, recognizes the certificates, diplomas or degrees in
Nursing issued by the authorities mentioned therein.
The said Schedule makes it clear that a training
institution needs not to be recognized in terms of Section 10
of the Indian Nursing Council Act, 1947.
Insofar as the suitability of the institutions is
concerned, it is also admitted position that the inspections
have been carried out by the Indian Nursing Council in the
said institutions in terms of Section 13 of the Act. The
Council has pointed out certain deficiencies. The writ
petitioners suggest that the institutions are in the process of
curing the defects and in some cases the defects have already
been cured.
The Indian Nursing Council in its affidavit filed in
connection with WPA 11494 of 2022 (Gitanjali Foundation
vs. The State of West Bengal & Ors.), however, has clarified
its stand with regard to the inclusion of the writ
petitioners/training institutions in the Seat Matrix. It will be
useful to quote the relevant paragraphs of the affidavit
affirmed on behalf of the Indian Nursing Council.
"3. That this Hon'ble Court, vide solemn order
dated 03.08.2022, had directed the answering
Respondent to clarify whether the Petitioner
institutions should be allowed to be included in the seat matrix for the joint entrance test for nursing, para medical and allied sciences undergraduate exam, 2022. It is stated that in terms of Section 13 and 14 of the Indian Nursing Council Act, 1947, the Council had 10 conducted the inspection of the said institutions. That certain deficiencies pertaining to inadequate clinical facilities and teaching faculty were found. It is submitted that the colleges are well aware of the minimum standards prescribed by the Council in the syllabus of each course. Despite this, serious deficiencies such as low bed occupancy were found in the parent hospital of the Petitioner institute. The said deficiencies were also communicated to the college. However, instead of rectifying the deficiencies, the Petitioner has approached this Hon'ble Court. The process as provided under Section 13 and 14 has still not concluded.
It is clarified that in terms of the aforesaid sections, the compliance report is examined in detail. Thereafter, only the action as provided under Section 14 of the INC Act is invoked against the defaulting institution, if required. Till date the Council has not initiated any action as provided under Section 14 of the INC Act in the present case. In other words, no declaration has been passed yet under Section 14 which provides any person holding a recognised qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution which does not satisfy the requirements of the Indian Nursing Council in terms of Section 14(1)(b) shall be entitled to be registered only in the State in which the institution is situated.
4. That the state authority being the competent authority to grant recognition/permission to a college is entitled to reject such permission or prevent any college to take admission, in order to maintain the standards of education. It is stated that a state authority, for granting permission, may impose any condition, in accordance with their rules and 11 regulations, to ensure that all the colleges are maintaining the minimum standards as required under the relevant laws. In the present case the rules and regulations of the Council does not provide that a college cannot participate in the counselling till the suitability certificate is issued by the Indian Nursing Council."
The Indian Nursing Council has, therefore, made it clear that pending consideration of the suitability of the training institutions does not stand in the way of inclusion of their names in the Seat Matrix for the relevant academic year until and unless an appropriate order is passed under Section 14 of the Indian Nursing Council Act, 1947.
Today when these matters are taken up for hearing, it has been pointed out by learned advocate appearing on behalf of the West Bengal University of Health Science that the said University has already been included in the Schedule of the Indian Nursing Council Act, 1947 by way of a notification dated August 14, 2019.
Therefore, I find no reason not to include the writ petitioners in the Seat Matrix for the academic year 2022-23.
The grounds as mentioned by the State in its affidavit are not sustainable.
Accordingly, I direct the State to include the names of the writ petitioners in the Seat Matrix for the B.Sc. (Nursing) Course as well as for the G.N.M. Course for the academic year 2022-23. They will be allowed to participate in the 12 ongoing counselling process for the said academic year, if necessary, by extending the scheduled date for counselling.
With the aforesaid observations, all the writ petitions are disposed of.
Parties shall act upon the server copy of this order downloaded from the official website of this Court.
(Kausik Chanda, J.)