WPA/21509/2021 of TERESSA MEMORIAL HOSPITAL LLP AND ORS. Vs STATE OF WEST BENGAL AND ORS. on 30 December 2021

(Through Video Conference)

30.12.2021

Supple Sl. No.2

W.P.A. 21509 of 2021

BP/KS

Teressa Memorial Hospital LLP & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sourav Kumar MukherjeeMr. D. K. BhattacharyaMr. Kaushik Chowdhury

….. For the Petitioners

Mr. Anirban RayMr. Raja Saha

Mr. Amit Kumar Ghosh

…..For the State …..For the Respondent/I.N.C.

Mr. Nilotpal Chatterjee

The petitioner files affidavit of service and the samebe kept on record which reflects that the copy of theapplication has been served upon all the respondents.Dealing with the similar issues involved in the instant writapplication, a Coordinate Bench in W.P.A. No.21211 of 2021by passing an order directed categorically that therespondent authorities be restrained from taking any stepsin terms of the impugned order dated 30[th] November, 2021made by the respondent no.3/Director of Health Services,Government of West Bengal.

By the order passed in W.P.A. No.21211 of 2021 theIndian Nursing Council was granted liberty to proceed with the inspection as mandated under Indian NursingCouncil Act, 1947.

As I understood from the submissions advanced bylearned lawyer appearing for the parties, the order dated24[th] December, 2021 passed in W.P.A. No.21211 of 2021 hasnot been challenged to any higher forum. Therefore, thepetitioner is covered by the order dated 24[th] December, 2021passed in the aforesaid writ application.

In view of the above, the admission process which isto be completed by 31[st] December, 2021 or by the extendedperiod should continue for the session 2021 – 2022 subjectto the terms as laid down in the order dated 24[th] December,2021 in W.P.A. No.21211 of 2021.

With the aforesaid observations, the writ applicationis disposed of.

Parties are to act on the server copy of this orderdownloaded from the official website of this Hon’ble Court.

However, it is made clear that the Indian NursingCouncil as well as the State respondents are at liberty totake appropriate steps after inspection in accordance withlaw.

(Rabindranath Samanta, J.)