Delhi High Court
Indian Professional Nurses Association (Ipna) v. Union of India & Anr.
W.P.(C)/11858/2026
- Decision date
- 2026-08-17
- Text availability
- Full text
- Judges
- Swarana Kanta Sharma
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010380862026 + W.P.(C) 11858/2026 INDIAN PROFESSIONAL NURSES ASSOCIATION (IPNA) .....Petitioner Through: Mr. Robin Raju, Advocate versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Manisha Agrawal Narain, CGSC alongwith Mr. Harshit Joshi, G.P., Mr. Nipun Jain and Mr. Deepender Banger, Advocate for R-1 Mr. V.S.R. Krishna, Advocate for R- 2/NC CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 17.08.2026 CM APPL. 54829/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 11858/2026 3. By way of the present writ petition, the petitioner seeks following relief: “(a) Issue a Writ of Mandamus or any other appropriate Writ directing the Respondent no. I to constitute, execute and implement the provisions of National Nursing and Midwifery This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:37:54 Commission in terms of Section 3 of the National ursing and Midwifery Commission Act, 2023 (hereinafter referred to as MC Act) and repeal the Respondent no.2 body in terms of Section 56 of the Act as delay in constitution of NNMC is arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India when commissions of other healthcare professionals have been constituted. (b) To call for the complete records and proceedings from Respondent no. l relating to the current status of selection and appointment process of office bearers, members of NNMC and members of different boards under the NNMC in terms of notification dated 14.03.2024 and expedite the process of appointment in a time bound manner . Or/ Alternatively, (c) To consider the representation dated 20.07.2026 submitted by the Petitioner to the Respondent No. I and decide it in accordance with law...” 4. Issue notice. The learned counsel appearing on advance notice on behalf of respondents accepts notice.
5. Briefly stated the facts of the present case, as mentioned in the writ petition, are that the petitioner is a non-governmental organisation working for the welfare, interests and professional advancement of nurses across India. The National Nursing and Midwifery Commission Act, 2023 (“the Act”) was enacted with the objective of replacing the erstwhile Indian Nursing Council and establishing a statutory regulatory framework for nursing and midwifery education, training and professional practice in the country. The Act, along with the rules framed thereunder, came into force in February–March 2024. Pursuant thereto, the Government invited applications vide notice dated 14.03.2024 for appointment to various posts of members and office-bearers of the National Nursing and Midwifery Commission (“NNMC”). It is stated that despite the statutory framework having come into force and the Government having invited applications for constitution of the NNMC, the Commission has, till date, not been This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:37:54 constituted. In the absence of the NNMC, the erstwhile Indian Nursing Council continues to discharge regulatory functions, notwithstanding the legislative framework providing for its replacement. The continued non-constitution of the NNMC is further borne out from the Government’s RTI response dated 07.07.2026, wherein it has categorically confirmed that no appointments to the NNMC have been made till date. The petitioner is, therefore, constrained to approach this Hon’ble Court seeking appropriate directions to the respondents to take immediate and effective steps for constitution of the NNMC and appointment of its members and office-bearers, in accordance with the mandate of the Act, without any further delay. 6. After hearing learned counsels appearing on behalf of the parties and in view of the issue involved in the instant petition, this Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of two months from date, under intimation to the petitioner herein. 7. In above terms, the present petition stands disposed of.
8. In case of any further grievance, the petitioner will be at liberty to approach this Court by filing fresh writ petition. 9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 17, 2026/ns vs This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2026 at 10:37:54