Bombay High Court Quashes Dissolution of Maharashtra Nursing Council. Court Restores Elected Body, Emphasizes Need for Fair Procedure by State Government.

Case Note & Summary

The Bombay High Court quashed the Maharashtra Government's notification dissolving the Maharashtra Nursing Council and appointing an administrator. The Court found the dissolution to be in violation of the Maharashtra Nurses Act, 1966, and the principles of natural justice, as the State Government did not provide adequate notice or opportunity for the Council to address alleged failures before its dissolution. The Court restored the elected Council and allowed the State Government to take further action in accordance with the law.

The petitioners, elected members of the Maharashtra Nursing Council, challenged a notification issued by the Maharashtra Government on July 5, 2023, dissolving the Council and appointing an administrator until a new Council is constituted.

The term of the previous elected Council ended in 2018, and subsequent delays led to multiple court orders mandating elections, which were finally held in December 2021. Despite these elections, issues persisted, prompting further legal action. The notification of July 5, 2023, was issued amidst ongoing disputes about the Council’s functioning.

The Court found that the State Government did not follow the mandatory procedure under Section 40 of the Maharashtra Nurses Act, 1966, which requires notifying the Council of specific failures and providing a reasonable time to remedy them before dissolution. The Court emphasized that principles of natural justice, including the right to a hearing, must be adhered to before such drastic actions.

The Court concluded that the dissolution of the Council was illegal due to the State Government's failure to follow proper procedures. The Court quashed the notification and restored the elected Council, while allowing the State to take further lawful action in accordance with its observations.