Authority: Calcutta High Court (Division Bench)

Order Date: 25 June 2026

Case Overview

  • Appeals: MAT 1026 of 2026 (International Institute of Nursing & Research, Kalyani & its Principal vs. State of West Bengal & others) and MAT 1028 of 2026 (Thirty students vs. State of West Bengal & others).
  • Origin: Both appeals stem from an order dated 23 June 2026 that rejected an interim order sought by the appellants in writ petitions WPA 8985 of 2026 and WPA 8994 of 2026.
  • Procedural History: The writ petitions were first heard on 19 June 2026. The court allowed the college to submit signed hard copies of internal assessment tabulation sheets and attendance reports by 22 June 2026. On 22 June 2026 the matter was reheard and on 23 June 2026 the impugned order was passed, rejecting the interim relief.
  • Core Issue: Whether the college could register B.Sc. Nursing students for the academic session 2025‑2026 based on the Director of Health Services, West Bengal memo dated 17 December 2025, which allowed admission of candidates who satisfied the minimum academic and eligibility criteria for JENPAS‑UG 2025 and the eligibility criteria prescribed by the Indian Nursing Council (INC).
  • Arguments:
  • Counsel for the college (Mr. Pratik Dhar) argued that the students met the minimum academic and eligibility criteria and that the 17 Dec 2025 memo omitted any percentile requirement, unlike the earlier 29 Nov 2024 memo which required a 25th‑percentile (20.83) in JENPAS‑UG 2024 or a NEET‑UG rank.
  • Counsel for the students (Mr. Pappu Adhikari) adopted the same submissions.
  • INC counsel (Mr. Nilotpal Chatterjee) contended that the students failed to meet the INC‑prescribed percentile requirement and that the court should not override the regulatory body’s qualifying criteria.
  • State counsel (Mr. Sahasrangshu Bhattacharjee) emphasized that the 2024 memo relaxed the percentile after a request from the State, but no such relaxation was sought for 2025‑2026, making the percentile mandatory.
  • University counsel (Mr. R. Chowdhury, Mr. D. N. Maiti) echoed INC’s position, labeling the college’s admission as illegal.
  • Legal References: The court examined the JENPAS (UG)‑2025 Information Bulletin, clauses 3.1 and 3.2, and prior judgments – West Bengal University of Health Sciences Service & Anr. Vs. Agragati Institute of Health Sciences Nursing Education Unit (MAT 472 of 2025) and Dental Council of India Vs. Dr. Hedgewar Smruti Rugna Seva Mandal Hingoli (2017) 13 SCC 115.

Final Outcome

  • The impugned order dated 23 June 2026 is set aside.
  • Respondents are directed to grant provisional registration to the thirty students (appellants in MAT 1028) for the academic session 2025‑2026.
  • The University must issue admit cards to enable the students to appear in the B.Sc. Nursing first‑semester examination commencing on 30 June 2026.
  • The provisional registration does not create any equity in favour of the appellants; their participation remains subject to the final outcome of the pending writ petitions.
  • The parties must exchange affidavits in the pending writ petitions within four weeks from the date of this order.
  • The parties are free to approach the appropriate learned single bench for an expeditious final hearing, uninfluenced by the observations in this order.
  • A stay of operation of this order, prayed for by Mr. Maiti, is rejected.
  • No order as to costs.
  • An urgent certified copy of the order may be supplied upon compliance with formalities.

Topics: Court Order; Nursing Education Registration