Delhi High Court gives Centre two months to act on nursing commission plea

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The Delhi High Court has asked the Union government to act within two months on a nurses’ association request to implement the National Nursing and Midwifery Commission Act, 2023.

Justice Swarna Kanta Sharma issued the direction on August 17 after the Indian Professional Nurses Association challenged the delay in constituting the National Nursing and Midwifery Commission. An RTI response dated July 7 said the commission had not been formed and no appointments or recruitment had been made.

The National Nursing and Midwifery Commission has still not been constituted, nearly three years after the law creating it received presidential assent. The Delhi High Court has now given the Union government two months to act on a representation seeking its implementation.

Justice Swarna Kanta Sharma passed the direction on August 17 while hearing a petition by the Indian Professional Nurses Association, represented by advocate Robin Raju. The association sought a time-bound update on selecting and appointing the commission’s office-bearers and members of its boards. If the government does not act within the deadline, the association can return to court.

The National Nursing and Midwifery Commission Act, 2023 was intended to replace the 77-year-old Indian Nursing Council Act and set up a new regulatory framework for nursing and midwifery education. Its provisions took effect on February 29, 2024; rules were notified on March 13 that year and applications for commission and board posts were invited the following day.

In its July 7 RTI response, the Centre said no commission had been formed and no recruitment or appointments had been made. The association said the delay affects nursing education standards, professional oversight and healthcare services.

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