Indian Professional Nurses Association (IPNA) Files Plea in Delhi High Court Seeking Voting Rights to All Nurses Registered with Delhi Nursing Council
(Judicial Quest News Network)
Indian Professional Nurses Association has filed a Public Interest Litigation in Delhi High Court seeking voting rights to all nurses registered with Delhi Nursing Council.
The petition is filed through Advocates Robin Raju and Joel Joseph seeks a direction on Delhi Nursing Council to publish the annual accounts on its website.
The Petitioner herein is a non-governmental registered body working for the welfare of nurses across India. The organization is having its registered office in Delhi.
The petitioner is moving the instant petition to highlight some long-standing concerns of the Nursing Community in Delhi.
The issues being highlighted in the instant petition pertain to the overall functioning of Respondent no. 1, the Delhi Nursing Council, a statutory body that was constituted by The Delhi Nursing Council Act, 1997.
The preamble of the Act also mentions about the objective behind constituting the Respondent No.1 i.e. Delhi Nursing Council (DNC). It states that the Respondent no.1 is constituted for regulation of registration and training of nursing personnel (nurses, mid-wives, auxiliary nurse mid-wives/female health worker/female.
That it is pertinent to mention herein that the Nursing officers have multiple concerns connected with Respondent No. 1. The issues range from lack of basic amenities such as a washroom for the visitors in respondent no.1 building to dire need for relocating the Respondent no.1 office to a separate building from the existing premises that is having space scarcity.
The instant petition is not intending to elaborate about the above-mentioned issues.
The issues being raised in the instant petition primarily are two-fold – the first of the two being – the dire need to bring suitable amendments in the Delhi Nursing Council Act, 1997, so that the existing arbitrary and non-democratic process of nominating members to the nursing council comes to an end. It is submitted that about 90,000 nurses registered with Delhi Nursing Council have no right to elect the representatives of a body that has been constituted, inter-alia, to work for their welfare.
Citing the reasons mentioned above it submits This practice adopted by the Respondent No.1 overlooks the fact that that the Indian Nursing Council Act, 1947, which constitutes the Indian Nursing Council, in Section 3, stipulates that the Indian Nursing Council shall be composed of members who should be elected by the respective bodies named. Thus, it is the understanding of the petitioner that the Central Act favours the system of election rather than nomination.
The petitioners further submit that the denial of voting right to nurses is sheer overlooking of the fact that other professionals such as Doctors, Advocates and Chartered Accountant have voting rights in the election process of their respective councils. The Doctors registered in Delhi vote to elect members to Delhi Medical Council. Likewise, the Advocates and Chartered Accountants through voting elect their representatives in the Bar Council of Delhi and Institute of Chartered Accountants of India. Hence, to deny the Nursing Officers the right to elect Delhi Nursing Council members is clearly arbitrary and against the principles of democracy, fairness and equality.
The plea has also mentioned that the association ahs been raising the issue since last two years including the last representation sent to the respondent on June ,2,2021, however, it is the case of the petitioner association that no corrective steps have been taken in the matter.
The petitioners have also sought that the second issue is that the Respondent No.1 has not uploaded audited accounts on its website. The Petitioner very well knows that contention of Respondent no.1 to this issue could be that there is no mandatory requirement to publish the annual income and expenditure statement.
The humble submission of the Petitioner is that a responsible statutory organization will always project financial transparency to the public at large. It may not be out of place to mention herein that the Respondent no.1 to the specific query regarding whether or not it publishes its income and expenditure on its website, has answered stating “No”.
health assistant/supervisors). The Respondent no.1 is a body that is supervised by the Respondent No.2, the Ministry of Health and Family Welfare, Govt. of NCT of Delhi.
