Case Note & Summary
The judgment concerns two writ petitions challenging the appointments of the Registrar and Deputy Registrar of the Maharashtra Nursing Council. The petitioner in WP/12563/2022, an elected member of the Council, sought to set aside the order dated 02.01.2023 appointing Respondent No.3 as Registrar and Respondent No.4 as Deputy Registrar. The petitioner in WP/1800/2023 also challenged similar appointments. The court found that the appointments were made in violation of Rule 5 of the Maharashtra Nursing Council (Election and Appointment) Rules, 2019, which prescribes the procedure for such appointments. The court held that the rules, being delegated legislation, are binding and must be strictly followed. Consequently, the court quashed the impugned appointments and directed the Council to make fresh appointments in accordance with the rules. The court also disposed of the connected civil applications.
Headnote
A) Statutory Interpretation - Appointment to Statutory Posts - Compliance with Rules - The court considered whether the appointments of Registrar and Deputy Registrar of the Maharashtra Nursing Council were made in accordance with Rule 5 of the Maharashtra Nursing Council (Election and Appointment) Rules, 2019. The court held that the appointments were not in compliance with the rules as the selection process did not follow the prescribed procedure. (Paras 1-10) B) Administrative Law - Delegated Legislation - Binding Nature - The court held that the Maharashtra Nursing Council (Election and Appointment) Rules, 2019, being delegated legislation, have the force of law and must be strictly complied with. Any appointment made in violation of these rules is illegal and liable to be set aside. (Paras 5-8) C) Service Law - Appointment - Quashing of Appointment - The court quashed the appointment of Respondent No.3 as Registrar and Respondent No.4 as Deputy Registrar, directing the Council to make fresh appointments in accordance with the rules. (Para 10)
Issue of Consideration
Whether the appointments of Respondent No.3 as Registrar and Respondent No.4 as Deputy Registrar of the Maharashtra Nursing Council were made in accordance with the Maharashtra Nursing Council (Election and Appointment) Rules, 2019, specifically Rule 5.
Final Decision
The court quashed the impugned order dated 02.01.2023 appointing Respondent No.3 as Registrar and Respondent No.4 as Deputy Registrar, and directed the Maharashtra Nursing Council to make fresh appointments in accordance with the Maharashtra Nursing Council (Election and Appointment) Rules, 2019. The connected civil applications were disposed of.
Law Points
- Statutory interpretation
- Appointment to statutory posts
- Compliance with delegated legislation
- Rule 5 of Maharashtra Nursing Council (Election and Appointment) Rules
- 2019
- Section 3 of Maharashtra Nursing Council Act
- 1966
