session 2023-2026 in place of 2022-2025 and to allow the petitioners to
continue their GNM course forthwith.
2. Learned counsels representing the petitioners submitted as follows.
The petitioner WPA 5181 of 2024, who was being a regular class mode
student, passed in (X+2) Level Higher Secondary (Vocational) Examination in
the year 2022, by obtaining more than 40% marks in aggregate and more
than 40% marks in English, as conducted by the West Bengal State Council
of Technical and Vocational Education and Skill Development, in the
discipline of Engineering and Technology, with the subjects English, Bengali,
Mathematics, Physics, Chemistry and other vocation papers. The said
Vocational Council was a recognised Board/Council in terms of the
publication of the West Bengal Joint Entrance Board. The petitioner
submitted his application, in terms of the Notification vide No. HNG/3M-37-
2020/1276 dated 22.09.2022, issued by the Director of health Services, West
Bengal, before the respondent No. 4 for admission in GNM Nursing course
for the session 2022-2025, having qualification as per i) the admission terms
and conditions as published by the respondent No. 3, i.e., Indian Nursing
Council, specially having science subject in (X+2) H.S. (Vocational)
curriculum, ii) qualification in 4(i) of section 3.1 of the bulletin of WBJEEB
as to “must pass „10+2‟ examination from any recognised Board in regular
class mode with at least 40% marks in aggregate and 40% marks in English.”
After verification of the application and also the qualification of the
petitioner, the respondent No. 4 admitted the petitioner in GNM Nursing
Course for the session 2022-2025 by accepting the fees for the course and
thereafter, he had been regularly attending the said course. The respondent
No. 2 i.e., West Bengal Nursing Council, however, did not complete the
resignation of the petitioner without assigning any reason for the session
2022-2025. Be it mentioned that the respondent No. 2 registered students
from Arts or Commerce streams, but the respondent No. 2 refused to
compete the registration, when the petitioner passed H.S. (Vocational) course
with science subjects in regular mode class system. The respondent No. 2
completed registration of several admitted students who were from Arts or
Commerce streams, i.e., without having science subject in terms of the
Notification vide No. HNG/3M-37-2020/1276 dated 22.09.2022, but the
registration of the petitioner had not been given, hence, this writ petition.
Furthermore, when the respondent No. 2, did not register the name of the
petitioner, then with the same qualification of (X+2) H.S. (Vocational) in the
discipline of Engineering and Technology, the Karnataka State Nursing
Council admitted the said student by following the same admission norms of
INC. In same set of circumstances, the Hon’ble Division Bench of this High
Court held, by the order dated 14.12.2023, in MAT 2419 of 2023 held that: