The Delhi High Court on Monday sought a response from the Delhi Government and the Delhi Nursing Council in a plea seeking grant of voting rights to all nurses registered with the Council for electing its office-bearers and executive committee.
The division bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued notice in the plea by an NGO working for the welfare of nurses across the country alleging that there is a dire need to bring suitable amendments in the Delhi Nursing Council Act, 1997, and slated the matter for next hearing on December 13.
The Delhi Nursing Council is constituted under the Delhi Nursing Council Act, 1997, for regulation of registration and training of nursing personnel; and is under the supervision of the Delhi Government. The instant petition, filed by Indian Professional Nurses Association through Advocates Robin Raju and Joel Joseph, raises concern in respect of the arbitrary and non-democratic process followed for nominating members to the nursing council.
The plea points out that around 90,000 nurses registered with Delhi Nursing Council have no right to elect the representatives of a body that has been constituted to work for their welfare.
The plea avers, “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.”
“Depriving only nurses (as other professionals have the said right) the right to elect their representatives violates Article 14 and Article 19(1)(a) of the Constitution,” adds the plea.
Relying on Section 3 of the Indian Nursing Council Act, 1947, which stipulates that the Indian Nursing Council, which has been constituted under the said Act, shall be composed of members who should be elected by the respective bodies named, the plea states that “it is the understanding of the petitioner that the Central Act favours the system of election rather than nomination.”
The plea highlights that a representation was made the petitioner association before the concerned authorities on June 2, 2021, raising concern regarding the shortcomings in the overall functioning of the Council, but no action has been taken on the representation as yet.
In addition, the plea also seeks a direction for publication of the annual income and expenditure statement of the Council on its website, so as to project financial transparency to the public at large.