Debangsu Basak, J. - (1.) The petitioner assails the refusal of the West Bengal Nursing Council to register the petitioner as a nurse.
(2.) Learned Senior Advocate appearing for the petitioner submits that, the petitioner had passed class XII in the Science stream. She had passed the B.Sc. (Nursing) course conducted by the West Bengal University of Health Sciences. The petitioner had, thereafter, applied for registration as a nurse. Such registration was rejected as appearing in the writing dated December 5, 2016 of the West Bengal Nursing Council. Referring to such writing the learned Senior Advocate for the petitioner submits that, two grounds have been cited in such rejection. He submits that, the first ground being that the petitioner did not fulfil the criteria of Section 19(c) of the Bengal Nurses Act, 1934 is not applicable in the facts of the case. The second ground of rejection that the petitioner does not have the eligibility criteria to undergo B.Sc. (Nursing) as laid down by the Indian Nursing Council (INC) as well as in the JENPARH brochure is also incorrect. The petitioner having passed B.Sc. (Nursing) from a recognized institution namely, West Bengal University of Health Sciences, the petitioner is entitled to be registered as a nurse with the West Bengal Nursing Council.
(3.) Learned Senior Advocate for the West Bengal Nursing Council submits that, the petitioner did not fulfil the eligibility criteria to undertake the study of B.Sc. (Nursing). Therefore, the petitioner is not eligible to be registered as a nurse as she does not have the requisite qualification to enter into such course. He relies upon 2015 Volume 4 Supreme Court Cases page 498 (Archana Girish Sabnis v. Bar Council of India and Ors.) and submits that, the Council is within its rights to reject a registration of a nurse on the ground that the person did not fulfil the eligibility criteria to seek an admission in the course concerned. He refers to the impugned writing dated December 5, 2016 and submits that, the rejection of the application for registration made by the petitioner was done on the ground of violation of Section 18 of the Bengal Nurses Act, 1934 rather than 19(c) of such Act. He emphasizes that, the second ground of rejection as contained in the impugned writing is one under Section 18 of the Act of 1934. In support of the contention that, there is a prescription of the eligibility criteria to undertake a nursing course, reliance is placed on the eligibility criteria as published by the Indian Nursing Council for the relevant academic year so far as the petitioner is concerned. Reliance is also placed on the West Bengal Council of Higher Secondary Education notification dated October 11, 2006 to suggest that, the petitioner did not pass the Chemistry paper. Reliance is also placed on a notification dated March 13, 1981 issued by the Government of West Bengal, Department of Health and Family Welfare with regard to the Rules regulating the admission of students to B.Sc. Honours (Nursing) course in West Bengal.;