PRAMILA GHAI Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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AVADH BEHARI ROHATGI, J -
(1.)The Facts : These two cases are all about the Indian Nursing Council (The Council) constituted by the Central Legislature under the Nursing Council Act, 1947 (the .Act). The Council was created "to establish a uniform standard of training for nurses, midwives and health visitors." The purpose of the Council is stated in the following statement of Objects and Reasons :
"Provincial Nursing Councils have been established in all Provinces and maintain roasters of qualified nurses, health visitors and midwives. Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education of candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lock of inter-provincial reciprocity in the registration of nurses. To remedy these difficulties it is proposed to enact legislation for the purpose of setting up an Indian Nursing Council which will prescribe uniform minimum standards of education and training for nurses, midwives and health visitors, supervise examinations, and maintain a schedule of qualifications recognised for registration throughout India."
(2.)Realising the importance of the profession of nursing the legislature created this Council. The Act is a piece of legislation for nursing education and administration of nursing force in the country. The Act regulates the practice of nursing by recognising qualifications and prescribing the minimum standards for the professional education. This law is aimed at the protection. of the public. The function of the Council is to formulate educational standards and to promote nursing care of high quality so that the services of professionally prepared personnel can be utilised in health programmes.
(3.)These are the facts. The petitioner Smt. Pramila Ghai was appointed as an inspector in a temporary capacity in November, 1971 by the secretary of the Council. On the expiry of two years she was appointed as an inspector in a substantive capacity by the President.
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