REENA BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claiming herself to be Presidentof the Indian Nursing Council (I.N.C.) has filed this petition under Article 226 of the Constitution praying for a writ direction or order striking downan office order dated 24-3-1992 of the respondents, or in the alternativecalling upon the respondents to allow the petitioner to continue as Presidentof the I.N.C. There are two respondents. First respondent is representedthrough the Secretary, Ministry of Health and Family Welfare and secondrespondent is Mr. R.K. Sood, Vice President, I.N.C., who at the time offiling this writ petition was also working as Acting President of I.N.C. Theimpugned letter is of the first respondent addressed to the Secretary, I.N.C.,with copies both to the petitioner and the second respondent. In this letter itwas stated that petitioner ceased to be the President of the I.N.C. w.e.f. 7/01/1992 on cessation of her membership u/Sec.3(1)(m) of the IndianNursing Council Act, 1947 (for short 'the Act'). It was, therefore, suggestedthat it was necessary to hold fresh election of the President.

(2.) I.N.C. is constituted under the Act which Act has been enacted inorder to establish a uniform standard of training for nurses, midwives andhealth visitors. Sec. 3 of the Act gives the Constitution and composition ofthe Council. Under Sub-section (1) of this Section, Central Government is toconstitute a Council consisting of various members as set out in Clauses (a) to(o). For our purposes Clauses (a) and (m) are relevant and these are asunder :-

(3.) Under Sub-section (2) of Section 3; the President of the Councilis to be elected by the members of the Council from amongst themselves andthe President is to hold office for five years. Under Section 4, the Councilconstituted under Section 3 shall be a body corporate by the name of theIndian Nursing Council having perpetual succession and a common seal, withpower to acquire property and shall by the said name sue and be sued. UnderSub-section (1) of Section 5, election under Sub-section (1) of Section 3 ofState Councils shall be conducted in accordance with the rules made in thisbehalf by the respective State Governments and where any dispute arisesregarding any such election it shall be referred to the State Governmentconcerned whose decision shall be final. Section 6 provides for term of officeand casual vacancies. Sub-sections (1) and (2) are relevant and are asunder:-