LAWS(MAD)-2022-4-232

R.USHARANI Vs. SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI.

Decided On April 11, 2022
R.USHARANI Appellant
V/S
Secretary To Government Of India, Ministry Of Health And Family Welfare, Nirman Bhavan, New Delhi. Respondents

JUDGEMENT

(1.) The petitioner is a registered Nurse and Midwife with the Tamil Nadu Nurses and Midwives Council, Chennai (in short 'State Council'/'R4'). She had originally challenged letter dtd. 8/9/2015 issued by the Indian Nursing Council (in short, 'INC'/'R3') and consequential circular instructions dtd. 28/6/2018 issued by R4.

(2.) The aforesaid impugned communications of R3 and R4 were assailed on the ground that the process that has been initiated for formulation of a national live register of nurses is improper. Pending writ petition, the Indian Nursing Council (Nurses Register and Tracking System) Regulations, 2019 have come to be gazetted and the prayer has been amended by the petitioner, who now seeks a quash of notification No.149, dtd. 7/5/2019 notifying the aforesaid regulations.

(3.) Though the Writ Petition has been filed by an individual registered nurse, the attack is mounted effectively and for all practical intents and purposes, by R4. The Madras Nurses and Midwives Act, 1926, subsequently amended to read Tamil Nadu Nurses and Midwives Act, 1926 (in short 'State Act') provides for the registration of Nurses, Midwives, Health Visitors, Auxiliary Health Midwives or Dhais (in short, 'AHM') in Madras.