SEBABRATA EDUCATIONAL TRUST Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is a trust within the meaning of the Indian Trust Act, 1882. The petitioner runs a Nursing Institute and imparts Nursing Course at and from Uluberia, Howrah under the name and style of "Sebabrata Institute of Nursing" (for short, the Nursing institute). The petitioner imparts B.Sc Nursing and GNM Nursing Courses. The accommodation for B.Sc Course comprises of 60 nos. of seats and that of for GNM Nursing another 60 nos. of seats. The petitioner had obtained all the valid recognition, and registration from the respondent no.4. The issue involved in this writ petition concerns the Academic Year 2022-23. The final result of the West Bengal Joint Entrance Examination JENPAUH, 2022 had been published and the counseling for both the said courses, namely, B.SC Nursing and GNM Nursing had been started for the said Academic Year 2022-23. The name of the Nursing institute was included in the Admission Council Portal.

(2.) After completion of the last round of centralized MOP-UP counseling the concerned authority had announced for decentralize counseling by its memo dated September 07, 2022, Annexure P-3 to the writ petition, wherein it was specified that the students must be verified with GMR rank card and it was also specified that no candidate from outside the State would be allowed to undergo the training in this State.

(3.) By a further notification dated October 21, 2022 the Indian Nursing Council, Annexure P-4 to the writ petition, had extended the date for admission in various nursing colleges for the said Academic Year 2022-23 from October 31, 2022 to December 31, 2022 with certain restrictions mentioned therein. As per the guidelines famed by the authority from time to time and in terms of the said notification, Nursing Institute of the petitioner was able to take admission for the said academic year in respect of its vacant seats which were not filled up after the central counseling both for B.Sc and GNM Nursing Courses.