Himachal Pradesh High Court
Dr. R.K. Shandil vs The State Of Himachal Pradesh And Others on 9 November, 2020
Bench: L. Narayana Swamy, Anoop Chitkara
1 HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3900 of 2019 Decided on: 09.11.2020 .
Dr. R.K. Shandil .............Petitioner Versus The State of Himachal Pradesh and others ....Respondents __________________________________________________________ Coram:
Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 For the petitioner r : Mr. N.S. Chandel, Sr. Advocate with Mr. Chandranarayana Singh, Advocate.
For the respondents : Mr. Ajay Vaidya, Sr. Additional Advocate General, for respondents No.1 to 3/State.
Mr.B.C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate, for respondent No.4 (now deleted on 09.11.2020) Ms. Tanu Sharma, Advocate, for respondent No.5.
Mr. Ravinder Singh Thakur, Advocate, for respondent No.6.
__________________________________________________________ L. Narayana Swamy, Chief Justice (Oral).
After hearing the matter for some time, learned counsel for the petitioner submits that 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 2
respondent No.4 is not a necessary party and prays that his name may be deleted from the array of the respondents. He further submits that only prayer No.1 .
made in the present writ petition, seeking direction to the respondent-State to take steps for framing rules of eligibility for the post of Registrar, Himachal Pradesh Nurses Registration Council, may be considered and appropriate orders may be passed accordingly. Rest of prayers No.2 to 7 made in the writ petition on behalf of the petitioner, are not pressed by learned counsel for the petitioner. His statement is taken on record. Prayer No.1 made in the writ petition is extracted below:-
"(I) Issue a writ of Mandamus or other writ, order or direction as this Hon'ble Court deems fit directing the respondent State to take steps in framing rules of eligibility for the post of Registrar Himachal Pradesh State Nursing Registration Council in consonance with the eligibility criteria prescribed by the Indian Nursing Council, New Delhi for appointment of Registrar, within a time bound manner."
2. It is submitted by learned counsel for the petitioner that it is respondent No.5, Himachal Pradesh Nurses Registration Council at Shimla, which is running Nursing Colleges in the State of Himachal Pradesh for ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 3 imparting education/training of various courses. It is submitted that the Indian Nursing Council Act, 1947, was enacted by the Parliament in order to establish a uniform .
standard of training for nurses, midwives and health visitors. It is further submitted that accordingly the State of Himachal Pradesh has legislated the Himachal Pradesh Nurses Registration Act, 1977 (hereinafter referred to as the Act in short), which regulates the registration of nurses, colleges etc. within the State of Himachal Pradesh. Section 15 of the said Act provides for appointment of Registrar and other staff of Himachal Pradesh State Nursing Council, which reads as under:-
"15. Appointment of Registrar and other staff. (1) Subject to such rules as the State Government may make in this behalf, the Council shall with the previous approval of the State Government, appoint a Registrar who shall also act as a treasurer, unless the Council appoints another person as treasurer, and shall receive such salary and allowances and be subject to such conditions of service as may be prescribed:
Provided that until a Registrar is so appointed, person appointed by the State Government shall, as from the commencement of this Act, be deemed to be Registrar who shall be entitled to such salary and allowances and shall be subject to such conditions of service as may be determined by the State Government.
(2) The Council may appoint such other employees as may be necessary for carrying out ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 4 the purposes of this Act and such employees shall receive such salaries and allowances and be subject to such conditions of service as may be prescribed.
(3) All employees of the Council, including the .
Registrar, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 1860 (45 of 1860)."
3. Learned counsel for the petitioner further submits that as per the provisions of the Act, State Government has to frame Rules with regard to the appointment of said Registrar. He further submits that to carry out the purpose of this Act, Sections 16 & 17 of the Act also lay-down the duties of Registrar and power to make regulations. He submits that so far as criteria and requisite qualification required for the post of Registrar of Himachal Pradesh Nurses Registration Council is concerned, the respondent-State has not framed rules in terms of Section 15 of the Act. He further submits that as a matter of fact, the respondent-State is following the criteria and qualification prescribed by the Indian Nursing Council, New Delhi, for appointment of Registrar. He also submits that appointment of respondent No.4 Smt. Jyoti Walia, as has been made by the respondent-State against the post of Registrar without framing any rules, is contrary to Section ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 5 15 of the Act and that entire system has suffered on account of lack of expertise, maturity, experience & requisite qualification of said respondent No.4 in discharge .
of her duties as a Registrar of Council. He further submits that in the absence of any criteria and requisite qualification, the respondent-State is appointing their near and dear without keeping the interest of the Council as the foremost criteria. On the basis of these submissions, he is seeking a direction to the respondent-State for framing rules in compliance of Section 15 of the Act with regard to appointment of Registrar of the Himachal Pradesh Nurses Registration Council and accordingly to appoint the Registrar in future in the said Council.
4. Mr. Ajay Vaidya, learned Senior Additional Advocate General submits that at present there are no rules framed by the respondent-State qua appointment of Registrar of the Council under the Himachal Pradesh Nurses Registration Council Act, 1977 and that respondent No.4 Smt. Jyoti Walia is appointed as Registrar of the Council from amongst the Nurses Personal (Teaching) with the prior approval of the Government, who is possessing experience ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 6 and having knowledge to run the Council according to its aims and objects. He further submits that the office of the Registrar of said Council is functioning properly. He also .
submits that in absence of rules for appointment of Registrar of the Council, the contention of the petitioner that appointment of respondent No.4 Smt. Jyoti Walia has been made in arbitrary manner under the political influence, is baseless and the same is not tenable in the eyes of law. On the basis of these submissions, he submits that the petitioner has no locus-standi to file and maintain the present writ writ petition and the same may be dismissed accordingly.
5. So far as the appointment of Registrar of Himachal Pradesh Nurses Registration Council is concerned, it is admitted fact that no rules have been framed by the respondent-State in compliance of Section 15 of the Act for appointment of the Registrar and that respondent No.4 Smt. Jyoti Walia has been appointed as Registrar of the Council with the prior approval of the Government, statedly on the basis of her possessing experience and having knowledge to run the Council according to its aims and objects. Only ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 7 prayer of learned counsel for the petitioner in the present writ petition before us at this stage is to pass appropriate orders to the respondent-State to frame rules for .
appointment of the Registrar of Himachal Pradesh Nurses Registration Council.
6. In view of the above submissions, we deem it proper to dispose of the present writ petition with a direction to the respondent-State to look into the matter and take decision with regard to framing the rules for appointment of Registrar of Himachal Pradesh Nurses Registration Council in compliance of Section 15 of Himachal Pradesh Nurses Registration Act, 1977, taking into account the requisite qualification, experience and knowledge of work, according to aims and objects of the Council. Needful be done by the respondent-State within a period of six months.
7. It is made clear that since the name of respondent No.4 Smt. Jyoti Walia, presently working as Registrar of Himachal Pradesh Nurses Registration Council, has been ordered to be deleted from the array of respondents on the basis of above statement made by ::: Downloaded on - 11/11/2020 20:16:04 :::HCHP 8 learned counsel for the petitioner that said respondent is not a necessary party, no orders are required to be passed against her appointment.
.
8. Registry is directed to carry out necessary correction in the memo of parties with read-ink with regard to deletion of the name of respondent No.4 Smt. Jyoti Walia.
9. Pending miscellaneous application(s), if any, shall also stand disposed of.
r to (L. Narayana Swamy)
Chief Justice
(Anoop Chitkara)
November 09, 2020 Judge
(Yashwant)
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