Locus standi is essential for invoking the jurisdiction of the court under Article 226 of the Constitution of India. A petitioner must demonstrate legal injury to challenge an act or omission.

JUDGMENT

Aniruddha Roy, J. - 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.

4. The nursing institute then came to know of a further notification dated October 26, 2022, Annexure P-5 to the writ petition, in which it was specified that in earlier decentralized counseling 25% having been filled up and large number of seats for the course still being vacant aspirant students who were otherwise eligible under the Norms of the Indian Nursing Council (for short, the INC Norms) could get admission in this State subject to a restriction that, 'No candidates from outside states will be allowed to undergo the training in this State'.

5. The petitioner contended that, the said restriction mentioned in the said Notice dated October 26, 2022, Annexure P-5 to the writ petition, issued by the respondent no.3 was arbitrary, illegal, wrongful, unreasonable and against the constitutional mandates.

6. In the light of the above factual matrix, the instant writ petition was filed claiming following reliefs:-

'a) Dispense with rule 26 of the Calcutta High Court appellate side rules.

b) A writ or writs of/or in the nature of Mandamus commanding the respondent authorities to allow the petitioner to get admission in decentralized Schedule Counseling and or any further counseling for the academic year of 2022-2023 maintain by concerned respondent authority and to allow the petitioner to start admission in the nursing course called GNM and B.Sc for the session 2022-23 forthwith restriction of any eligible students come from the state;

c) A writ or writs of/or in the nature of Mandamus commanding the respondent authorities not to give effect to the decision of the respondent authority by putting restriction to take admission of eligible students outside the states and allow the petitioner to participate in decentralized Counseling process in the admission process so that the petitioner may take admission for students in the nursing course immediately without any state restriction for the session of 2022-23 as declared by the Indian National Council or till any date as may be ex