HC quashes appointment of administrator on Nursing Council

Chhatrapati Sambhajinagar: Chief Justice of Bombay High Court Devendra Kumar Upadhyaya and Justice Kishore Sant on Friday cancelled the State Government's orders of July 5, 2023, to dissolve the executive body of the Maharashtra Nursing Council (MNC) and appoint an administrator on it.

In the orders, it was stated that the elected office-bearers of MNC should immediately take charge the its administration.

It may be noted that the bench reserved its verdict on August 26, 2024, on the petition seeking to quash the order of appointment of an administrator by dissolving the elected executive body of the council. It was delivered by Chief Justice from Mumbai through video conferencing on Friday.

The elections of the MNC executive body were held in December 2022. However, the State Government did not publish the names of the elected members in the gazette. Therefore, an elected member Anuradha Savargave filed a petition in the bench.

Despite the bench's orders, the government had failed to release the names of the members. When a contempt petition was filed, the names of the newly elected body members were published in the gazette.

The new executive had functioned for just a few months, the government dismissed the executive body and appointed administrator on July 5, 2023, citing irregularities in the MNC.

MNS president Ramling Basling Mali, its vice president Arun Nanasaheb Kadam, and others filed a petition through Adv Ashwin Hone to challenge the government's orders. Senior lawyer Vinayak Hone appeared for the petitioners. He was assisted by adv Ashwin Hone and adv A D Sonkawde.

Senior lawyer Vijayakumar Sapkal (as special Government pleader) and Chief Government pleader Amarjitinsha Girase appeared for the Government. Adv Sanjiv Deshpande appeared as the administrator.

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Dismissal not mentioned in the notice

On behalf of the petitioner, senior counsel Vinayak Hone pointed out to the bench that the principles of natural justice were violated in this case. Nowhere in the notice, it was mentioned to dissolve the MNC. While the tenure of the elected office bearers of the Council was until 5 July 2027, the Government dissolved the Council on July 5, 2023 and appointed administrators. After hearing arguments from both sides, the High Court gave the above orders.