Delhi High Court: In a case concerning the non-constitution of the National Nursing and Midwifery Commission (NNMC) despite the coming into force of the National Nursing and Midwifery Commission Act, 2023, a Single Judge Bench of Dr. Swarana Kanta Sharma, J., directed that the writ petition be treated as a representation on behalf of the petitioner. The Court directed the respondents to consider and decide the representation within a period of 2 months from the date of the order and communicate the decision to the petitioner. The Court further granted liberty to the petitioner to approach the Court by way of a fresh writ petition in case of any further grievance.
The petitioner, a non-governmental organisation working for the welfare, interests and professional advancement of nurses across India, approached the Delhi High Court seeking directions for constitution of the NNMC. The National Nursing and Midwifery Commission Act, 2023 was enacted to replace the erstwhile Indian Nursing Council and to establish a statutory regulatory framework for nursing and midwifery education, training and professional practice. The Act and the rules framed thereunder came into force in February—March 2024, pursuant to which the Government invited applications on 14 March 2024 for appointment to various posts of members and office-bearers of the NNMC. However, according to the petitioner, the NNMC had not been constituted till date and the erstwhile Indian Nursing Council continued to discharge regulatory functions. The Government’s Right to Information (RTI) response dated 7 July 2026 also confirmed that no appointments to the NNMC had been made.
The petitioner had sought, among other reliefs, a mandamus directing constitution of the NNMC under Section 3 of the Act and repeal of the erstwhile Indian Nursing Council under Section 56, contending that the continued delay was arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution. In the alternative, the petitioner had prayed that the Court direct the Union of India to consider and decide a representation dated 20 July 2026 already submitted on the same subject.
After hearing the learned counsel appearing on behalf of the parties and considering the issue involved in the instant petition, the Court found it appropriate to direct that the present writ petition be treated as a representation on behalf of the petitioner. Accordingly, the respondents were directed to consider and decide the petitioner’s representation, in accordance with the statutory framework, within a period of 2 months from the date of the order, under intimation to the petitioner. In view thereof, the present petition was disposed of, with liberty to the petitioner to approach the Court by filing a fresh writ petition in case of any further grievance.
[Indian Professional Nurses Association v. Union of India, W.P.(C) 11858 of 2026, decided on 17-8-2026]
Advocates who appeared in this case :
For the Petitioner: Robin Raju, Advocate
For the Defendants: Manisha Agrawal Narain, CGSC along with Harshit Joshi, G.P., Nipun Jain and Deepender Banger, V.S.R. Krishna, Advocates