ARUN NANASAHEB KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By instituting the proceedings of this petition, filed under Article 226 of the Constitution of India, the petitioners who are elected President and Vice President of Maharashtra Nursing Council (hereinafter referred to as the Council) and other elected and/or nominated members, challenge the validity of the impugned Notification dtd. 5/7/2023, issued by the State Government in the Department of Medical Education and Drugs whereby, the Government has dissolved the Council and has appointed one Dr. Anant Shingare, Assistant Professor, G.G.M.C. and Sir J.J. Group of Hospital, Mumbai as its Administrator, till the new Council is constituted in the prescribed manner.

(2.) The term of the last elected Council was to end in December 2018 and accordingly, the elections for constitution of the Council was due in the year 2018, however, since the Council was not being constituted by election, the issue was taken up before this Court at Mumbai and in Notice of Motion No.613 of 2018 in writ petition No.2005 of 2012, this Court passed an order directing State Government to take action strictly in conformity with the provisions of the Maharashtra Nurses Act, 1966 (hereinafter referred to as the Act of 1966). The Court, by passing the said order on 12/12/2018, further made it clear that the action of the State Government of appointment of an Administrator to the Council was not examined; neither it would be understood that the Court had given the Government one year's time to hold elections. The Court expressed its expectation in the said order that the State Government will take appropriate steps in accordance with law so as to ensure that the Council is constituted under Sec. 3 of the Act of 1966, as expeditiously as possible and a suitable mechanism is put in place to administer the affairs and discharge of the functions and duties of the Council, in the intervening period. The said order, dtd. 12/12/2018 passed by this Court at Bombay is extracted hereinbelow:

(3.) It appears that even after the said directions given by the Court in its order dtd. 12/12/2018, since the Council was not being constituted by election, the Maharashtra State Nursing Association filed writ petition No.7663 of 2019 before this Court which was finally disposed of by a coordinate Bench by means of an order dtd. 25/6/2019, wherein after noticing the earlier order passed by the Court on 12/12/2018, the Court observed that the State Government would be bound by the order dtd. 12/12/2018. The Court further observed in the said order that if the respondents were not adhering to the said order, then further steps would be taken by the parties in the said Notice of Motion. The operative portion of the order dtd. 25/6/2019 passed by this Court in writ petition No.7663 of 2019 is extracted hereinbelow: