JASBIR KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The only issue thrown up by this group of cases is : What should be the uniform to be worn by members of the Military Nursing Services Persistence of parties and ignenuity of counsel have succeeded in giving a constitutional moment to an issue which is but an one of administration of an auxiliary branch of the Armed Services.

(2.) A force called Indian Military Nursing Service was constituted as part of the armed forces of the Union of India by Ordinance No. XXX of 1943 titled the Indian Military Nursing Service Ordinance, 1943, which was brought into force on 15th September, 1943. Section 3 of the said Ordinance declares that there shall be raised and maintained in the manner provided in the Ordinance "as part of the armed forces of the Union and for service with the Indian Military Forces" an auxiliary force which shall be designated as Indian Military Nursing Service. The Ordinance prescribes the conditions of eligibility for appointment in S. 6. Section 9 of the Ordinance provides that the provisions of the Indian Army Act, 1911 shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to members of the Indian Military Nursing Service as they apply to Indian commissioned officers, unless they are clearly inapplicable to women.

(3.) Section 10 of the said Ordinance empowers the Central Government to make Rules to carry out the purposes of the Ordinance and S. 11 vests in the Chief of the Army Staff the power to make regulations providing for all matters to be laid down and generally for all detail connected with the organisation, pay allowances, duties, discipline, training, clothing, equipment and leave of members of the Indian Military Nursing Service.